Exploring the efficiency of blocking injunctions in online copyright enforcement

Coming close to the end of this semester, our next IP/IT/Media Law Discussion Group event will take place on Thursday 19 May 2016 at 2pm in Room B1.09, Outreach Centre (Holyrood Road). Bianca Hanuz from University of Liverpool will be presenting on the following topic:

Exploring the efficiency of blocking injunctions in online copyright enforcement

Internet service providers intermediaries are central to the enforcement system as they are considered the ‘gatekeepers’ of the internet, therefore considered to in the best position to manage the flooding copyright infringing traffic.[1] As such, the three directives[2] that govern the use copyright protected material online allow right holders to seek a remedy against the intermediary service provider where their service is used by third parties to infringe.[3] In the situation where it is impossible for right holders to identify the managers of infringing websites and it is unpopular to pursue individual infringers, right holders ask courts to order injunctions against online intermediaries which require the intermediaries to block user access to illegal sites. This method of copyright enforcement is now mainstream, which results from the fact that blocking orders are relatively easy to obtain as internet service providers (ISP) do not oppose applications and the blocking measures are relatively cheap to implement.[4]

Questions of efficiency arise as the injunction remedy provides only a post factum solution. Injunctions therefore do not address the root of the problem, which still remains after the block is put in place. This presentation will discuss the effectiveness of the injunctions in online copyright enforcement and present some solutions.

As always, this event is non-ticketed and everyone is welcome. The presentation will be followed by an informal discussion with refreshments provided.

 

Notes:
[1] Recital 59 Directive 2004/48 on the enforcement of intellectual property rights [2004] OJ L157/45
[2] ’Directive 2000/31 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market [2000] OJ L178/1; Directive 2001/29 on the harmonisation of certain aspects of copyright and related rights in the information society [2001] OJ L167/10 (thereinafter InfoSoc Directive); Directive 2004/48 on the enforcement of intellectual property rights [2004] OJ L157/45
[3] art 8(3)
[4] Cartier International and Others vs BSkyB and others [2014] EWHC 3354 (Ch) at para 4, 239-253