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ARTICLE · 18 JUNE 1996

Copyright - Who is Liable if Material is Infringing?

United KingdomMedia, Telecoms, IT, Entertainment
Just as an online presence allows a business to have a dialogue with its customers and potential customers, so it allows the customers and users to have an discussion amongst themselves. In fact, it is by creating special interests groups and similar forums for its users that many online providers hope to create a lasting, and profitable, relationship with the outside world. Any bulletin board, user discussion group, or email facility allows a user, via the online presence, to store and transmit copyright material - whether text, photo, video, or music - directly or indirectly to other users. In the nature of things, some of the copyright material will be infringing.

Who is liable?

Who is liable if the material is infringing? Clearly, the user who posted the infringing material is liable, but users are likely to be untraceable or, if traceable, to have shallow pockets. For copyright owners, then, the obvious target for any legal proceedings is the online provider as playboy

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