Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/19051
Title: Online Intermediary Liability and Privatised Enforcement: the Content ID Case
Contributor(s): Margoni, Thomas (author); Perry, Mark  (author)orcid 
Publication Date: 2016
Open Access: Yes
Handle Link: https://hdl.handle.net/1959.11/19051
Open Access Link: http://www.thinkmind.org/index.php?view=article&articleid=icds_2016_3_20_10084Open Access Link
Abstract: Over the last two decades, the use of technologies to promulgate information at the click of a mouse has given rise to unprecedented access to information but has also facilitated the infringement of rights. There have been a number of responses by legislative bodies attempting to recover ground lost by rightsholders in this new environment. Some are reviewed in this paper. The problem facing legislators is that they wish to protect rightsholders without stifling the benefits of easy access to knowledge, information and data, hopefully maximising the advantages and societal benefits of improved accessibility. Content hosts, such as YouTube, suffer under a similar dichotomy but also face the prospect of litigation. Tools such as "Content ID" provide rightsholders with a means of combating potential infringements without litigation. However, as with legislation, it is not a panacea for reaching the balance between facilitating access and protecting rights. This paper illustrates these issues and underlines the importance of an approach that safeguards fundamental rights and freedoms and strikes a fair balance among the different rights involved. Technology can play a crucial role in this attempt.
Publication Type: Conference Publication
Conference Name: ICDS 2016: The Tenth International Conference on Digital Society and eGovernments, Venice, Italy, 24th - 28th April, 2016
Conference Details: ICDS 2016: The Tenth International Conference on Digital Society and eGovernments, Venice, Italy, 24th - 28th April, 2016
Source of Publication: Tenth International Conference on Digital Society and eGovernments (ICDS 2016) Proceedings, p. 36-41
Publisher: IARIA
Place of Publication: online
ISSN: 2308-3956
Field of Research (FOR): 180199 Law not elsewhere classified
Socio-Economic Outcome Codes: 949999 Law, Politics and Community Services not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: E1 Refereed Scholarly Conference Publication
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