Liability For Copyright Infringement Research Articles

Liability for Copyright Infringement During the Performance of Sovereign Functions

Liability for Copyright Infringement During the Performance of Sovereign Functions

Legal Challenges of AI-Induced Copyright Infringement: Evaluating Liability and Dispute Resolution Mechanisms in Digital Era

The development of artificial intelligence (AI) has introduced unprecedented technological advancements and complex legal challenges, particularly in copyright infringement. The capability of the systems to replicate and disseminate copyrighted content without authorization raises questions about the adequacy of existing legal frameworks. Therefore, this research aims to explore the critical question of liability for AI-related copyright infringement, examining the responsibilities of developers, users, and systems. A comprehensive examination of relevant laws and regulations is carried out using a normative qualitative methodology. This is supported by case research and recent legal advancements, with a comprehensive comparison of relevant terms. Legal factors and dispute resolution methods applicable to AI-related copyright infringement are also considered. Due to the systems' autonomy, standard liability frameworks such as Digital Millennium Copyright Act (DMCA) cannot address AI-induced infringement. Meanwhile, a fault-based liability strategy that requires proof of purpose or negligence is suggested to improve accountability. This research reports the strengths and weaknesses of using dispute resolution mechanisms to solve copyright infringement. The results show that World Intellectual Property Organization (WIPO) dispute resolution provides a robust framework for resolving disputes after comparing regulations and mechanism.

Copyright Infringement Liability of NFT Digital Artwork Platforms

The development of information technology and the evolution of laws have given rise to new issues and disputes in the determination of platform responsibilities in cases of disputes over internet dissemination rights. With the advancement of the blockchain industry, the Hangzhou Internet Court in China has determined that NFT digital artwork platforms can be deemed as aiding infringement in copyright disputes. This article aims to clarify the role played by platforms in infringement cases by analyzing the technical characteristics of NFT digital artwork platforms. It will also discuss factors in determining the liability of NFT digital artwork platforms based on judicial practices, thereby elucidating the principle of "notice + necessary measures" applicable to these platforms.

The Study of Copyright Infringement Liability of Generative Artificial Intelligence

As AI continues to produce content at an unprecedented rate, it is essential to establish a robust legal framework to protect the rights of creators and appropriately assign liability in cases of copyright infringement. Generative AI technology has the characteristics of high data demand, strong human-computer interaction, weak interpretability, and weak stability. The main civil subjects in generative AI services are generative AI service providers and users. In the pre-training stage, if generative AI uses copyrighted works without authorization, it should be recognized as copyright infringement, and the relevant infringement liability should be borne by generative AI service providers. In the content generation stage, the high similarity between AI-generated content and prior works can be attributed to various factors, including flaws in the generative model, intentional design choices, and user input and guidance. Both the generative AI service provider and the user bear direct tort liability for the infringement. However, the question of whether generative AI service providers also bear indirect tort liability should be explored, considering their role and similarities to traditional ISPs. Generative AI service providers should fulfill their obligations, take appropriate actions to prevent infringement, and report any illegal activities to the relevant authorities.

АНАЛИЗ ГРАЖДАНСКОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ АВТОРСКИХ ПРАВ

In the 21st century, the improvement of the legal system of our country continues, and the rights and interests of people are becoming more and more protected. The Copyright Law is the basic law protecting the rights and interests of authors. According to the authors, this law is more important. He can inspire people and contribute to the progress and development of social culture. Any action that unlawfully violates the rights of the authors, such as personal rights and property rights, is considered copyright infringement. This article provides some analysis of civil liability for copyright infringement for reference.

Copyright Infringement of Photographs on E-commerce Platforms

In the rapidly evolving landscape of e-commerce, protecting intellectual property rights, particularly in the realm of photography, has become increasingly vital. This article delves into the complex issue of copyright infringement on e-commerce platforms, with a specific focus on the concept of intermediary liability. While e-commerce platforms offer unparalleled convenience and global reach to consumers, they also present formidable challenges in upholding the rights of content creators, especially photographers. The article uniquely emphasizes the concept of intermediary liability in the context of e-commerce platforms. This focus is particularly relevant given the widespread use of these platforms in today's digital marketplace. One of the significant contributions of this study is the comparative analysis of case law from different jurisdictions concerning intermediary liability for copyright infringement. This cross-jurisdictional examination helps illustrate how courts in various countries address similar issues, offering insights into potential harmonization of legal standards and guiding principles for future legislation and litigation. The research identifies specific challenges faced by photographers and copyright holders, such as the difficulty in monitoring vast quantities of online content and enforcing rights across multiple jurisdictions. The article sheds light on the broader impact of copyright infringement on the photography industry. The research offers practical recommendations and strategies to address copyright infringement on e-commerce platforms. These include leveraging automated image recognition technologies, establishing clear guidelines and protocols for sellers, and implementing efficient mechanisms for reporting and removing infringing content.

Study on the Determination of Copyright Infringement Liability of Online Short Video Platforms

Study on the Determination of Copyright Infringement Liability of Online Short Video Platforms

Systematization of Rules for the Application of Copyright Infringement Liability in Sports Event Programs

Systematization of Rules for the Application of Copyright Infringement Liability in Sports Event Programs

Attribution of Liability for Copyright Infringement by Artificial Intelligence Generated Content

As generative artificial intelligence continues to advance, providing an ever-expanding range of functions and applications for humanity, it has given rise to novel forms of torts, with the potential for more to emerge in the near future. Resolving issues of liability hinges on the identification of the responsible party. However, neither Chinese legislation nor academic views have specified rules or a clear and consistent opinion on the liability attribution issue. This paper aims to address this question. Commencing with the premise that artificial intelligence inherently lacks legal personality, this paper systematically examines all relevant subjects who could potentially bear liability for copyright infringement. The legal foundations for each entitys liability are thoroughly analysed. Meanwhile, this article elucidates the principles of attribution of liability, drawing from established theories of traditional tort law and jurisprudential principles while taking into account the special characteristics of copyright infringement and artificial intelligence. In conclusion, in the absence of a clear consensus on determining the liable party, the principle of correspondence between risks, benefits and responsibilities should guide the attribution of liability for copyright infringement involving generative artificial intelligence. This approach will ensure an equitable distribution of losses, responsible burden-sharing, and comprehensive protection of rights.

Liability for Copyright Infringement and Algorithmic Content Moderation: A Matter of Proportion

Liability for Copyright Infringement and Algorithmic Content Moderation: A Matter of Proportion

Intermediaries liability for copyright infringement: application of the “safe harbor” model

This paper considers the responsibility of intermediaries for copyright infringement: a safe harbor model. The analysis of the problem related to the responsibility of Internet intermediaries in the digital age in connection with copyright infringement in various countries was carried out. Responsibility for malicious or misleading content related, for example, to rental housing on Airbnb, Facebook posts, dating profiles, content and products on YouTube or eBay has been determined. Recommendations are given on the use of a "safe harbor" policy that allows platforms and the marketplace to be more effective in working with small companies interested in e-commerce without fear of legal consequences.

EU: Platform Operator Liability for Copyright Infringement by User

EU: Platform Operator Liability for Copyright Infringement by User

LEGAL LIABILITY FOR COPYRIGHT INFRINGEMENT IN THE ADVERTISING INDUSTRY

One of the most important and developing problems of the 21st century is copyright infringement. İn analyzing the topic of legal liability for copyright infringement in the advertising industry, we will analyze the essence of advertising in the advertising industry, existing copyright in the advertising industry, how to protect copyright and what is the legal liability for copyright infringement in the advertising industry. Key words: advertising, copyright, subjects, object, sanction, infringement, liability for infringemen,, civil liability, criminal liability, administrative responsibility

Civil liability for copyright infringement under China’s revised copyright law - Focusing on the punitive compensation system -

Civil liability for copyright infringement under China’s revised copyright law - Focusing on the punitive compensation system -

중국에서의 뉴스 애그리게이터 저작권 침해 책임에 관한 논의 - ‘오늘의 헤드라인(今日头条)’ 판결을 중심으로 -

뉴스 애그리게이터는 인터넷 기술 발전에 따라 등장한 새로운 비즈 니스 모델이다. 이용자들은 개별 언론사에 들어가 자신이 원하는 뉴스, 기사를 검색하지 않아도 하나의 뉴스 애그리게이터를 통해 모든 정보 를 획득할 수 있다는 측면에서 활성화되고 있다. 반면, 개별 언론사 입장에서는 언론사 사이트로의 방문자 감소가 이루어지게 되고, 자연스 러운 방문자 감소로 인한 광고 수입과 라이선스 수익 등의 감소로 경제 적 어려움을 겪는다. 동시에 뉴스 애그리게이터의 무단 기사 전재 등으 로 인해 분쟁이 증가하고 있다. 본 논문은 중국의 대표 뉴스 애그리게이터인 ‘오늘의 헤드라인’과 관 련한 최근의 중국 저작권 침해 판결을 소개하고, 중국 법원의 뉴스 애그 리게이터에 대한 태도를 살펴보았다. 인터넷과 새로운 기술 발전으로 새로운 유형의 저작권 분쟁이 발생하고, 국내에서도 뉴스 애그리게이터 와 같은 신산업 분야들이 등장함에 따라 중국과 마찬가지의 저작권 분쟁에 노출되어있다는 점에서 본 사건에 관한 연구는 향후 관련 문제 연구에 참고가 될 수 있을 것이다.

The Illegal Behaviour as a Condition of Civil Liability for Copyright Infringement

The article is devoted to the analysis of the concept and signs of illegal behaviour as a condition for the emergence of civil liability for copyright infringement. Approaches to the definition of illegal behaviour along with other conditions of civil liability are analyzed. It is established that illegality should be considered due to violation of the norms of objective and subjective law. It was found that illegality as a condition for the emergence of civil liability for copyright infringement is manifested through action, and in isolated cases through inaction. In particular, such actions are violation of personal non-property and property rights of the subjects of copyright, publication of another’s work under the name of a person who is not the author of this work, and so on. Special attention is paid to piracy and import and export from the customs territory of Ukraine without the consent of the author, as well as distribution, publication and reproduction of counterfeit copies of the work. It has been analyzed the cases of lawful actions on the use of works without the consent of the author, free use of the work with the name of the author, reproduction in court and administrative proceedings, free reproduction by libraries and archives of copies of the work, free reproduction of copies of the work for educational, personal purposes, etc.It has been clarified the difference between the concepts of ‘camcording’ and ‘cardsharing’, which are also illegal behaviour in copyright infringement. The author establishes that plagiarism is a type of illegal behaviour as a condition for the emergence of civil liability for copyright infringement. The definition of plagiarism as the appropriation of someone else’s work or its elements without indication of authorship, presenting them as their own has been introduced. Unlawful conduct as a condition of civil liability for infringement of copyright is also a violation of the terms of the contractual obligation, i.e. non-performance or improper performance of the terms of the obligation. Along with civil wrongdoing, criminal and administrative wrongdoing is analyzed. It has been proved that the application of the norms of administrative and criminal law does not deprive the offender of the obligation of civil liability, and therefore it is wrong to think that the liability is less than the sanction of an administrative offense is civil.

Criminal Liability for the Infringement of IP Rights: Ukraine and the European Court of Human Rights Case Law

Ukraine’s national legislation and the European Court of Human Rights’s case-law outline Сopyright protection. Many cases exist where the public significance and damage from copyright infringement entails holding the guilty person criminally responsible for the transgression. Given copyright infringement cases do not reflect a predominant concern over other crimes, a structured criminal prosecution mechanism does not exist. Thus, the European Court of Human Rights’ legal positions and instructions intend to eliminate gaps legally regulating criminal liability for copyright infringement. Hence, the legal regulation, its gaps and ECHR case law impacts on Ukrainian practice were analysed. This structure enabled proposing steps for improving legally regulating criminal liability for copyright infringement in Ukraine.

'Primary and Accessory Liability in EU Copyright Law'

In theory, the concepts of primary and accessory liability appear quite distinct. Primary liability results from a direct wrongdoing, whereas accessory liability requires participation in the wrongdoing carried out by somebody else. Until recently, the conventional wisdom was that EU copyright law harmonized primary, but not accessory liability for copyright infringement, only touching upon the latter in its rules on injunctions against intermediaries and through the safe harbors immunizing certain internet intermediaries against liability. In its recent copyright case law, the CJEU has upended these assumptions by taking it upon itself to fashion a harmonized accessory liability regime for copyright out of the exclusive economic rights afforded to the copyright owner. With the adoption of the Directive on Copyright in the Digital Single Market (CDSMD), the EU legislator has further calibrated this harmonization of accessory copyright liability. This chapter tracks this evolution and discusses its consequences for EU copyright law.

“Internet Hosting Provider Liability for Copyright Infringement – RTI v. Yahoo Italia”

“Internet Hosting Provider Liability for Copyright Infringement – RTI v. Yahoo Italia”

A Quiet Harbour: Finding a Balanced Approach to the Copyright Liability of Online Service Providers

The United States, via the Online Copyright Infringement Liability Limitation Act, provides a safe harbour from copyright liability for online service providers. This safe harbour has been described as one of the laws that ‘built’ Silicon Valley. Despite the experience in the United States, Australia has not extended its own copyright safe harbour provisions to online service providers. This article seeks to understand the underlying reasons for such different approaches by adopting a comparative analysis methodology. After reviewing the legislative history and case law in the United States and in Australia, this article presents evidence suggesting copyright safe harbours support innovation. As such, this article contends there is a need to reconsider the scope of Australia’s copyright safe harbour. However, it is also demonstrated that the approach taken by the United States has not been without its flaws and, therefore, rather than a complete adoption of this position, Australia should consider a more ‘balanced’ approach—namely, extending the copyright safe harbour, while also introducing amendments to bring clarity and balance to the safe harbour provisions.