Online Intermediary Liability and Privatised Enforcement: the Content ID Case

Title
Online Intermediary Liability and Privatised Enforcement: the Content ID Case
Publication Date
2016
Author(s)
Margoni, Thomas
Perry, Mark
( author )
OrcID: https://orcid.org/0000-0003-4251-3405
Email: mperry21@une.edu.au
UNE Id une-id:mperry21
Editor
Editor(s): Lasse Berntzen and Mark Perry
Type of document
Conference Publication
Language
en
Entity Type
Publication
Publisher
IARIA
Place of publication
online
UNE publication id
une:19249
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.
Link
Citation
Tenth International Conference on Digital Society and eGovernments (ICDS 2016) Proceedings, p. 36-41
ISSN
2308-3956
ISBN
9781612085210
Start page
36
End page
41

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