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