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  • The Liability of "Passive" Content Hosts for Third-Party Content under Australian Copyright Law

    Author(s)
    Marsoof, Althaf
    Kariyawasam, Kanchana
    Griffith University Author(s)
    Kariyawasam, Kanchana S.
    Year published
    2015
    Metadata
    Show full item record
    Abstract
    The richness of the internet owes much to the diversity of its content, the hosting of which is made possible by content hosts. Yet, not all that is diverse is legal. Given that copyright subsists in creative content, the digitisation of content has made its duplication, adaptation and publication on the internet extremely easy-resulting in a substantial proportion of illegal content infringing copyright. In the circumstances, copyright owners have increasingly turned to internet intermediaries, including content hosts, to protect their rights on the internet. While the provisions in the Copyright Act 1968 (Cth) that impute ...
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    The richness of the internet owes much to the diversity of its content, the hosting of which is made possible by content hosts. Yet, not all that is diverse is legal. Given that copyright subsists in creative content, the digitisation of content has made its duplication, adaptation and publication on the internet extremely easy-resulting in a substantial proportion of illegal content infringing copyright. In the circumstances, copyright owners have increasingly turned to internet intermediaries, including content hosts, to protect their rights on the internet. While the provisions in the Copyright Act 1968 (Cth) that impute liability for authorising another s infringement provides the basis for the liability of content hosts for hosting third-party content that irifringe copyright, the various defences and safe harbour provisions available therein do not provide any "additional" protection to content hosts. This may have implications in the way content hosts operate, undermining/air use and free speech doctrines.
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    Journal Title
    Intellectual Property Quarterly
    Volume
    5
    Issue
    2
    Publisher URI
    https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6791&recordid=380
    Subject
    Intellectual Property Law
    Law
    Publication URI
    http://hdl.handle.net/10072/131379
    Collection
    • Journal articles

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