- Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability
- Volume | Issue number
- 17 | 6
- Pages (from-to)
- Document type
- Faculty of Law (FdR)
- Institute for Information Law (IViR)
- The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party copyright infringement.
- European Legal Method.
- Fair balance is the appropriate conflict resolution mechanism in cases of fundamental rights clashes. Balancing is in essence a call for rational judicial deliberation. In intermediary liability, balancing excludes the imposition of filtering obligations on intermediaries for the purpose of copyright enforcement, but allows blocking.
- An in-depth look at a complicated, vague and underdeveloped area of law with significant practical effect.
- go to publisher's site
- In special issue: Selected papers from EuroCPR
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