Codes of conduct and copyright enforcement in Cyberspace

This chapter critically examines the rise of codes of conduct that deal with copyright enforcement. Its focus will be on codes binding ISPs and other online intermediaries offering similar services, such as providers of user-generated content (UGC) platforms. While solutions in the United States and elsewhere will occasionally be discussed, its regional focus will be on the European Union. Following the Introduction, section II commences by offering a general typology of self-regulation, including discussion of the advantages and disadvantages of self-regulatory approaches and of the legal nature and normative effect of codes of conduct. Section III describes statutory law on copyright law, liability and enforcement, which serves as background law to self-regulatory copyright enforcement schemes. Section IV describes and critically assesses actual codes of conduct dealing with copyright enforcement. Section V offers conclusions.