In recent years, the number of countries which have opted for the involvement of administrative bodies in the enforcement of copyright has increased as a result of the remarkable difficulties that the enforcement of copyright faces in a digital environment. This chapter describes first the European landscape of administrative bodies entrusted with the enforcement of copyright infringement online, with special emphasis on Greece, Italy, and Spain. Secondly, the chapter considers the legal framework where these administrative bodies operate with emphasis on the TRIPs Agreement, EU law, and the EU Charter of Fundamental Rights. Thirdly, the chapter looks into the essential features of these administrative enforcement systems, including procedural rules, allocation of costs, remedies, transparency, and safeguards against abuse. Finally, the chapter elaborates on the implementation of the AGCOM Regulation in practice, providing data from the case law developed so far.

Administrative Enforcement of Copyright Infringement in Europe

Cogo, Alessandro Enrico;Ricolfi, Marco
2020-01-01

Abstract

In recent years, the number of countries which have opted for the involvement of administrative bodies in the enforcement of copyright has increased as a result of the remarkable difficulties that the enforcement of copyright faces in a digital environment. This chapter describes first the European landscape of administrative bodies entrusted with the enforcement of copyright infringement online, with special emphasis on Greece, Italy, and Spain. Secondly, the chapter considers the legal framework where these administrative bodies operate with emphasis on the TRIPs Agreement, EU law, and the EU Charter of Fundamental Rights. Thirdly, the chapter looks into the essential features of these administrative enforcement systems, including procedural rules, allocation of costs, remedies, transparency, and safeguards against abuse. Finally, the chapter elaborates on the implementation of the AGCOM Regulation in practice, providing data from the case law developed so far.
2020
The Oxford Handbook of Online Intermediary Liability
Oxford University Press
586
610
978-0198837138
Copyright, Administrative enforcement, blocking orders
Cogo, Alessandro Enrico; Ricolfi, Marco
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/1768672
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