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Jpae 012
Jpae 012
IP in Review
The intricate interplay between framework to determine intermediary copyright liabil-
© The Author(s) 2024. Published by Oxford University Press. All rights reserved.
For permissions, please e-mail: journals.permissions@oup.com
2 IP IN REVIEW Journal of Intellectual Property Law & Practice, 2024, Vol. 00, No. 00
innovative framework, aimed at clarifying and stream- backdrop of proportionality and fairness. The test under
lining the responsibilities of intermediaries in copyright tort law is whether a reasonable person would have taken
infringement scenarios. This chapter introduces the fun- precautions against the risk of harm, and reasonableness
damental responsibility theory and delineates its role will determine what those precautions should have been
standards to provide more clarity and certainty than the current problems in intermediary liability law but also
rules, those standards, being flexible and adaptable, might offers a thought-provoking framework that could influ-
incur higher interpretive and application costs. Moreover, ence future legal trends in the digital realm. Therefore, ‘A
legal standard’s flexibility can lead to more tailored out- New Framework For Intermediary Liability: Copyright,
Journal of Intellectual Property Law & Practice, 2024, Vol. 00, No. 00
IP in Review
© The Author(s) 2024. Published by Oxford University Press. All rights reserved.
For permissions, please e-mail: journals.permissions@oup.com
doi:https://doi.org/10.1093/jiplp/jpae012