A New Vision for Internet Law
- Rethinking Law series
Chapter 2: Digital copyright law
AbstractThis chapter examines ways in which digital technology has challenged prior conceptions of copyright law and practice. It identifies emerging themes in digital copyright law and again focuses on the central role played by online intermediaries in monitoring and regulating the use and misuse of copyrights online. Issues of primary versus secondary liability for copyright infringement by online intermediaries is examined. The extent to which online intermediaries can avail themselves of the fair use defense to infringement in different contexts is also considered, as well as the role of the first sale defense in a digital context. The impact of the provisions of the Digital Millennium Copyright Act on the practices of online intermediaries is also considered.
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