Legal solutions protecting against copyright trolling Cover Image

Konstrukcje prawne chroniące przed copyright trollingiem
Legal solutions protecting against copyright trolling

Author(s): Łukasz Maryniak
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: copyright trolling; fair dealing;fair use;

Summary/Abstract: In this article it’s author describes legal solutions protecting internet users against copyright trolling. Firstly, it is shown that the force of copyright is not absolute. International regulations (such as Paris Act relating to the Berne Convention and TRIPS agreement) state that there is a possibility for member states to provide some exceptions to exclusive rights, which allow to use a copyrighted work under some specific conditions without asking for permission it’s author and without infringing copyright. Secondly, three most common “exceptions systems” are described — fair dealing, fair use-European type (on the Polish example) and American fair use. In summary the author of this article underlines that to find out if a use of copyright work in the Internet is indeed a copyright infringement, a detailed analysis of law provisions is necessary — meanwhile copyright trolls do not make such reflection before they make their claims.

  • Issue Year: 2018
  • Issue No: 23
  • Page Range: 63-76
  • Page Count: 14
  • Language: Polish