European Parliament: Study on the Liability of Internet Providers on Copyright Infringement
Prof. Dr. Jan Bernd Nordemann has compiled a study for the European Parliament on the liability of internet providers on copyright infringement.
The study is entitled “Liability of Online Service Providers for Copyrighted Content – Regulatory Action Needed?” and draws the following conclusions:
The liability privileges in Articles 12 to 15 E-Commerce Directive can remain unchanged; they seem to be sufficiently flexible to adopt to new business models, which also make them in general future proof.
These privileges do not, however, establish liability. With regard to injunction claims, Article 8(3) Copyright Directive provides for a satisfactory pan-EU solution. EU rules establishing liability beyond injunction (e.g. damages) should be harmonized following the requirements (1) sufficient intervention by the internet provider and (2) breach of an adequate duty of care by the internet provider.
The study is available for download in English here.