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Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability

Christina Angelopoulos (Institute for Information Law (IViR), University of Amsterdam, Amsterdam, Netherlands)

info

ISSN: 1463-6697

Article publication date: 14 September 2015

1002

Abstract

Purpose

The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party copyright infringement.

Design/methodology/approach

European Legal Method.

Findings

Fair balance is the appropriate conflict resolution mechanism in cases of fundamental rights clashes. Balancing is in essence a call for rational judicial deliberation. In intermediary liability, balancing excludes the imposition of filtering obligations on intermediaries for the purpose of copyright enforcement, but allows blocking.

Originality/value

An in-depth look at a complicated, vague and underdeveloped area of law with significant practical effect.

Keywords

Citation

Angelopoulos, C. (2015), "Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability", info, Vol. 17 No. 6, pp. 72-96. https://doi.org/10.1108/info-05-2015-0028

Publisher

:

Emerald Group Publishing Limited

Copyright © 2015, Emerald Group Publishing Limited

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