LIABILITY OF ONLINE PLATFORMS IN EUROPE FOR THE ILLEGAL UPLOADING AND HOSTING OF PROTECTED WORKS

Anastasiia Prigoda

Abstract


At the beginning of the 18th century, the Institute of Copyright and Intellectual Property protection was established as a state regulation system of relations in the field of competition in the market and control of the distribution of legal, literary content in the form of physical media. After the spread of the IT products, including the popularization of the Internet, various online platforms appeared platforms through which authors and owners of intellectual property results can post their works to obtain material benefits and advertise the product. Internet "piracy" causes severe damage to the economic condition of the authors, for example, in the form of lost profits. The main document that regulates the issue of responsibility of online platforms is the Copyright Law Directive (EU) 2019/790 of the European Parliament and the Council of 17 April 2019 or, in other words, the Digital Single Market Directive. The European Union strives to protect its users as much as possible by developing recommendations and adopting legislative acts.


Keywords


European Parliament, intellectual property, IT products, illegal content, online platforms, digital market, DSM Directive

Full Text:

PDF

References


Andreyeva, G. (2018). Obyekty sobstvennosti v konstitutsiyakh zarubezhnykh stran: istoriya i sovremennost. Zakon ob intellektualnoy sobstvennosti. Moscow.

Baranovsky, P. (2019). On the principles of international copyright protection. Journal of Russian Law(14).

COM(2017) 708 final. (2017, 11 29). Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee. Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council. Retrieved 12 22, 2021, from European Commission: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52017DC0708&rid=1

Document 32019L0790. (2019, 04 17). Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. Retrieved 12 20, 2021, from EUR-Lex: http://data.europa.eu/eli/dir/2019/790/oj

Document 52016PC0593. (2016, 09 14). Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market. Brussels, 14.9.2016. . Retrieved from European Commission: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016PC0593

Dozortsev, V. (2017). Exclusive rights and their development. Introductory article. Rights to the results of intellectual activity. Copyright. Patent law. Other exclusive rights. Collection of regulations. Moscow: 34-37.

EC. (2017, 09 21). Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. A Digital Single Market Strategy for Europe. COM (2017). Retrieved 12 21, 2021, from European Commission: http://www.astrid-online.it/static/upload/comm/comm-ue_dsm_tax-system.pdf

Liptsik, D. (2019). Avtorskoye pravo i smezhnyye prava. Moscow: Ladomir Scientific and Publishing Center. UNES Publishing House.

Podshibikhin, L., & Leontyev, K. (2001). Realizatsiya polozheniy Bernskoy konventsii v Rossii. Rossiyskaya yustitsiya(4).

WIPO. (1979, 09 28). Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979). Retrieved 12 20, 2021, from World Intellectual Property Organization (WIPO) : https://wipolex.wipo.int/en/text/283698

WIPO. (1996). Information on the World Intellectual Property Organisation. Geneva: WIPO publications. Retrieved from https://www.jus.uio.no/lm/wipo/doc.html

WIPO. (1996, 12 20). WIPO Copyright Treaty (WCT). Retrieved 12 25, 2022, from WIPO IP Portal: https://wipolex.wipo.int/en/treaties/textdetails/12740

WTO. (1994, 04 15). Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994. Retrieved 12 25, 2021, from World Trade Organization: https://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm


Refbacks

  • There are currently no refbacks.