International Perspectives on Intermediary Responsibility

The question of how intermediaries should take more responsibility for the copyright infringing material available on their services is receiving different answers around the world, and this panel will consider the answers from the EU, UK, Canadian and Mexican perspectives.

The EU is implementing its high-profile article 17 and attempting to introduce a Digital Services Act to new responsibilities on intermediary services. There is an active debate in the UK, focused around a parliamentary inquiry into the economics of music streaming, as to whether an article 17 equivalent should be introduced into UK law. In parallel, the EU and UK are coming to terms with a June 2020 ruling of the Court of Justice of the European Union which heavily suggested that YouTube does not communicate to the public and can benefit from safe harbour immunity.

The Canadian government’s “Consultation on a Modern Copyright Framework for Online Intermediaries”, launched in April 2021, referenced the EU and UK positions and sought views on, for example, clarifying safe harbour protections and enhancing enforcement tools against intermediaries, including through website blocking or de-indexing.

Mexican copyright law was amended in July 2020 to include several provisions related mostly to the digital environment, including a safe harbor mechanism for ISPs with a notice and staydown system.  These changes where challenged by the Human Rights Commission and are pending to be resolved by the Supreme Court in the forthcoming months.

The panellists will discuss these developments and consider what lessons they provide for policy development elsewhere and what practical impact they may have.

Speakers:

Catherine Lovrics
Partner, Marks and Clerk Canada

Dr. Eleonora Rosati
Full Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University

Alfredo Tourné
Managing Director, APDIF Mexico

Xuyang Zhu
Senior Associate, Taylor Wessing LLP

Adam Rendle (Moderator)
Partner, Taylor Wessing LLP