Chapter 7 Enforcement of copyright Flashcards
What are the main civil remedies?
S. 96 CDPA 1988: damages, injunctions, accounts of profits, delivery-up or otherwise.
Following s. 97 CDPA 1988, when may an award of damages not be made by a court?
In case where the infringer did not know of did not have any reason to believe that infringement was taking place.
What do normal civil measures of damages do?
Take account of losses incurred by the innocent party and aims to put them in the position they would have been in had the infringing act not occurred.
Explain the roles of civil and criminal law in respect of infringing acts.
When copyright law came into existence, enforcement was an amalgam of civil
and criminal law. Over the following centuries more emphasis was placed on
the role of civil law, especially when copying was carried out for non-commercial
purposes. With the emergence of the internet and of digital works, the distinction
between commercial and non-commercial copying has diminished and there
has been increased attention given to the role of the criminal law. An important
question is which parties might be held criminally liable in the event of copyright
infringement, frequently carried out by third parties.
Explain the recent trend seen regarding to liability of third parties in copyright infringement.
Copyright owners seek an order at court requiring internet service providers (ISPs) to take measure to block access to websites implicated in facilitating copyright infringements.
What is the legal basis for a blocking order?
S. 97A CDPA 1988
Explain the Newzbin example
The ISP was jointly liable with the users because he knew about the activities going on. This put Newsbin out of business.
Which 3 questions should be asked to determine whether an order should be made under s.97A CDPA.
- What must the ISP have actual knowledge of?
- In what manner may a ISP be given actual knowledge of something which it did not know before?
- If some actual knowledge is proved, what should be the scope of the injunction that might be granted?
In which case did the judge disagree with the outcome regarding ISPs liability in copyright infringement and why?
In Cartier v. British Telecommunications - the (copy)right holders should indemnify the ISPs against their compliance costs as they are the ones that have commercial interests.
