open access

https://hdl.handle.net/2115/55075

Copyright and New Technologies : Technology Providers as "New" Old Actors in Copyright Law and Policy

英語

2014-03

Graduate School of Law, Research Institute for Information Law & Policy, Hokkaido University

Intellectual property law and policy journal

Special issue 1

45-81

This Article examines the role of technology providers as "new" o1d actors in the three recent institutional turns within copyright law and its enforcement in the digital environment. First, many international technical standards for reproduction or dissemination technologies, e.g. CDs. DVDs or Blu-ray Discs, have incorporated various proprietary technologies. including digital rights management technologies, at the expense of other creators, technology providers and consumers. Second, many commies around the world have adopted or are currently planning to adopt so-called three-strike rule regimes requiring internet service providers to disconnect frequent copyright infringers from the internet upon three allegations being made by affected copyright holders. In some countries, the courts have gone even further and have already imposed on internet service providers a variety of duties to monitor their networks under specific circumstances in order to prevent acts of copyright infringement committed by their internet users. Finally, some internet or online service providers have recently entered into agreements with major record labels or other copyright holders to allow unrestricted use of copyrighted works by their premium users. This Article enquires into the interaction between individual institutions and norms within all three institutional turns within copyright law and its enforcement in the digital environment, and their impacts on copyright law and the behavior of individual stakeholders at the present and in the future.

紀要論文

Version of Record

1880-2982

AA11913587