From public to private enforcement: Inclusivity and copyright law

Publication details

Alina Trapova, ‘From public to private enforcement: Inclusivity and copyright law’ in Cristiana Sappa (ed), Research Handbook on Intellectual Property Rights and Inclusivity (Elgar, 2024). DOI: https://doi.org/10.4337/9781803927268.00032 

Abstract

Intellectual property rights (IPRs) are negative rights – an IPR holder receives an exclusive right to prohibit others from carrying out certain restricted acts, usually for a limited period. It is vital that rightholders understanding how IPRs can be enforced should third parties fail to respect that IPR voluntarily, but online infringement has complicated the landscape. For example, a rightholder may be uncertain how best to chase online infringers, or may be unaware that an infringing activity has even occurred. This chapter is directed towards the inclusivity issues that arise when it intermediaries, such as online platforms, act as private copyright law enforcers to provide rightholders with a means of redress when IP rights may have been infringed. It explains how the monitoring obligations imposed on intermediaries by the new regime introduced by Article 17 CDSM Directive may undermine fundamental rights and potentially jeopardises speech by minority and marginalised groups.