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Idea #12: Copyright Act and private agreements

Written by Tamir the 20 Aug 09 at 14:44. Category: Copyright Consultation. Related project: Nothing/Others. Status: New

Rationale

Should the Copyright Act include limitations on the types of conditions rights holders and other parties can impose?

Licensing agreements can often far overreach the scope of copyright protection.

More importantly, perhaps, ISPs in other jurisdictions have been making deals with copyright holders to cut off customers accused of infringing, and now even to block certain sites like Pirate's Bay altogether.

Thoughts? Solutions?

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0
votes

Solution #1: Retain ISP immunity clauses

Written by Tamir the 20 Aug 09 at 14:44.

ISPs are currently immune from liability under the copyright for merely transmitting copyrighted material. However, they may have an obligation to take down infringing material if notified of it by a rights holder.

ISPs should not be the ones making such decisions. A Notice-Notice system should be more clearly incorporated into the Act, where ISPs are required to do no more than notify accused customers that they have been accused of infringing copyright.

Would this be enough?