The liability of internet intermediaries for copyright
infringement is a hot topic of conversation at the moment, both in
Australia and overseas. Sweeping reforms have just been passed by
the EU Parliament, and Australian copyright legislation in this
area has been the subject of significant judicial consideration in
recent years.
In this article, we consider the outcome of two recent copyright
infringement cases brought against the Australian online
marketplace Redbubble, which may help (somewhat) clarify the extent
to which such platforms are likely to be held liable for the
actions of their users, what this liability means in practice, and
how they can operate to minimise these risks.