Internet Service Provider Liability for Copyright and Trade Mark Infringement

Zoi Krokida is Lecturer in IP and EU Law at the University of Stirling, UK.

Introduction
I. Historical Background: The Rise and Evolution of Intermediation in E-Commerce and Social Media
II. Legal Problem
III. Research Question and Aims
IV. The Need for this Book and Originality
V. Scope of the Book
VI. Structure of the Book

PART I: THEORETICAL AND POLICY CONSIDERATIONS
1. Internet Regulatory Theories: An Overview
I. Introduction
II. State Regulation
III. Self-regulation
IV. Co-regulation
V. Conclusion
2. Liability of Host Internet Service Providers: Theoretical and Policy Background
I. Introduction
II. Theories for Liability for the Host ISPs in the Form of Secondary Liability
III. Policy and Practical Perspectives for Imposing Liability on Host ISPs
IV. Conclusion

PART II: EVALUATION OF THE CURRENT LEGISLATIVE TOOLS
3. The Host Internet Service Providers’ (Host ISPs) Liability Framework under Article 14(1) of the E-Commerce Directive (ECD) for Copyright and Trade Mark Infringements: An Outdated Approach
I. Introduction
II. The Concept of Secondary Liability for Copyright and Trade Mark Infringements
III. Host ISPs’ Liability as a Form of Secondary Liability: Article 14(1) of the ECD and Legal Traditions of EU Member States and the UK
IV. Conclusion
4. The Regulatory Framework of Online Content Sharing Service Providers (OCSSPs) under Article 17 of the Copyright in the Digital Single Market Directive (DSMD) for Copyright Infringements: A Controversial Approach
I. Introduction
II. Brief Overview of the Historical Account of Article 17 of the DSMD
III. Article 17 of the DSMD: Problematic Features
IV. National Implementation in EU Member States
V. Problematic Intersection between Article 17 of the DSMD and Article 14(1) of the ECD
VI. Conclusion
5. Host ISPs, OCSSPs and Parties Involved under Article 14(1) of the E-Commerce Directive and Article 17 of the Copyright in the Digital Single Market Directive
I. Introduction
II. Article 14(1) of the ECD and Article 17 of DSMD and Host ISPs/OCSSPs
III. Article 14(1) of the ECD and Article 17 of DSMD and Internet Users/Online Consumers
IV. Article 14(1) of the ECD and Article 17 of DSMD and Copyright Holders/Brand Owners
V. Conclusion
6. Liability of Providers of Hosting Services under the Proposal for a Digital Services Act for Trade Mark and Copyright Infringements: A Promising Approach
I. Introduction
II. Proposed DSA Regulation: A Good Start but More Clarity is Required
III. Blurred Intersection with Article 17 of the DSMD
IV. Conclusion

PART III: INTRODUCING A CO-REGULATORY FRAMEWORK
7. Redefining the Concept of Duty of Care
I. Introduction
II. Normative Justifications for Ascribing a Duty of Care to Host ISPs’ Business Model
III. A Duty of Care for Host ISPs at Legislative and Policy Level
IV. Criticism and Counter-Arguments for Imposing a Duty of Care for Host ISPs
V. How Should a Proposed Duty of Care for Host ISPs be Shaped?
VI. Limitations Upon a Proposed Duty of Care
VII. Conclusion
8. Introducing a Statutory Provision for Transparency
I. Introduction
II. Current Initiatives for a Transparency Obligation and Trends
III. Normative Considerations of a Proposed Transparency Obligation
IV. How Should a Proposed Transparency Obligation be Shaped?
V. Conclusion
9. Establishing a Supervisory Authority: A Proposal
I. Introduction
II. Normative Considerations for the Proposed Host ISP Supervisory Authority
III. Examples of Supervisory Authorities for Copyright and Trade Mark Infringements: Not Ideal but a Good Start
IV. Principles of the Proposed Host ISP Supervisory Authority
V. Functions of the Proposed Host ISP Supervisory Authority
VI. Funding Scheme for the Proposed Host ISP Supervisory Authority
VII. Conclusion