Is the enforcement of copyright important to the Internet?
Is the enforcement of copyright important to the Internet?
With the emergence of the Internet, the enforcement of cross-border intellectual property (IP) infringements has become highly relevant, especially in the area of copyright law. With the prevalence of online copyright “piracy”, the efficient enforcement of copyright has proven to be an especially challenging task for both the legislators [ 1
Can a service provider be sued for copyright infringement?
Internet service providers are still uncertain how the Brussels I Regulation (Recast) provisions would apply in EU-wide copyright infringement cases and in which country they can be sued for copyright violations.
How are copyright laws applied in the EU?
Therefore in order to get EU-wide remedies, the copyright laws of each EU Member State (currently, 28 such laws) would need to be applied. The CJEU has recently clarified some of the PIL issues relevant to cases of copyright infringement online. Namely, in the Pinckney [ 5 CJEU case C‑170/12, Peter Pinckney v KDG Mediatech AG, EU:C:2013:635.
Where is the place of damage for copyright infringement?
The CJEU found that, in online copyright infringement cases, the place of damage under article ex 5 (3) of Brussels I Regulation is the place where the infringing content could be accessed (so called “access approach”). As a result, the French court was granted jurisdiction, however, it was limited to the territory of France only.
What do you need to know about copyright infringement?
In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.”
How are money damages determined in copyright litigation?
Money damages in copyright infringement actions are commonly awarded under some combination of three legal theories: statutory damages. Like all litigation, copyright litigation is both time-consuming and expensive.
Which is the second form of copyright damages?
Usually, plaintiffs in infringement actions offer expert testimony to establish their actual financial damages to the court. This second form of copyright damages consists of any money the infringer earned as a result of the infringement.
Do you need a copyright attorney to file a lawsuit?
Like all litigation, copyright litigation is both time-consuming and expensive. Before you decide to find a copyright attorney and file a lawsuit, it’s helpful to understand these three categories of damages, so that you can evaluate your potential recovery.