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Alternative title:

Responsibility for unjustified reporting of copyright infringement to the service provider based on the case Kanał Sportowy v. Polsat – part I

ORCID:

0000-0002-4998-1028   0000-0003-1194-4173

Subject and Keywords:

intellectual property law   reporting law violation   hosting provider   responsibility for unjustified reporting ofviolation

Abstract:

The article is divided into two parts. In the first one, the authors discuss the basis of responsibility for unjustified reporting of copyright infringement on the grounds of Polish law. The issue is considered based on the Act of 12 July 2002 on supply of e-services, the principle of delictual liability of article 415 of civil code and the Act of 16 April 1993 on preventing unfair competition. The paper is concluded with deliberations on responsibility for infringement of personal interests. The second part is devoted to the analysis of responsibility of a person who unjustifiably reports copyright infringement on the level of EU law. The authors took into account solutions implemented in Finland, which is the only country in the EU that regulated the issue of unjustified reporting of copyright infringement to intermediary entities. Later on in the article, legal and comparative deliberations regard the U.S. law which represents the archetype for EU regulations regarding responsibility for online copyright infringement and regulated responsibility of a person who unjustifiably reports it. Moreover, the authors discuss implications of the changing issue resulting from new legislative projects – a draft law on protection of freedom of speech in social media and the EU regulation on digital services. Finally, there are postulates both de lege lata and de lege ferenda.

Place of publishing:

Warszawa

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

doi:10.34616/134995   ISSN 2082-100X

Language:

pol

Abstract Language :

pol   eng

Relation:

Prawo Mediów Elektronicznych, ISSN 2082-100X. 2021, 1 s. 4-14

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Autor opisu:

WR U/PAdal