CEU Electronic Theses and Dissertations, 2018
| Author | Kachanova, Anastasia Vladimirovna |
|---|---|
| Title | Fixing Value Gap in the Digital Age: A Comparative Analysis of Online Service Providers Secondary Liability for Copyright Infringements in the U.S. and the E.U. |
| Summary | The rise of the giant Internet-related platforms in the Digital Age has created new challenges for copyright law. This thesis addresses the issue of secondary liability of online service providers (OSPs) for third-party copyright infringements in the light of the recent proposal for the E.U. copyright reform. The aim of this study is to determine whether the proposed measures would serve the purpose of eliminating the causes of an unfair distribution of revenues received from the copyright-protected content, i.e. a ‘value gap’ problem. The comparative and functional analysis of the U.S. and the E.U. legal frameworks demonstrates that the former imposes more lenient obligations on OSPs and encourages their cooperation with copyright owners in combating copyright infringements, while the latter provides a possibility to impose additional duties on OSPs, which forces them to be more proactive in detecting and eliminating online copyright violations. Based on the results of this analysis and the assessment of compatibility of the draft Directive on Copyright in the Digital Single Market with the existing legal regime in the E.U., it is concluded that the proposed measures on clarification of a hosting ‘safe harbor’ and imposition on OSPs of an obligation to apply content recognition technologies would not be effective and efficient, since they will, inter alia, result in an imbalance between the rights of copyright holders and the rights of OSPs. In addition, alternative measures on improvement of the copyright legal framework in the E.U. are formulated. |
| Supervisor | Caterina Sganga |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/kachanova_anastasia.pdf |
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