W sprawie odpowiedzialności za naruszenie praw autorskich w pozaprasowych publikacjach internetowych

Abstrakt

It is not easy to draw lines on copyright infringement in the internet environment(e.g. forums and blogs). One can infringe not only an author’s intellectual propertybut also his economic and moral rights. Who shall be responsible for that, except theinfringer? Is it possible to sue the online services provider such as the administratorof the content or host provider?This article aims to outline the inconsistence between the obligation to relevantapplication of the principles of liability from the Press Law Act of 26 January,1984,to all press infringements connected with the transfer of ideas by meansother thanpress to disseminate non-periodical publications (pursuantto art. 54b of the Press LawAct), and the liability of internet services providersregulated by the Act on ProvidingServices by Electronic Means of 18 July, 2002. On the one hand, art. 54b of the PressLaw Act obliges to apply the strict rules of press responsibility not only to presspublications, but also to some content similarto the press, which strongly affects theinternet, while on the other hand, the host provider shall not be responsible for thestored data unless he is aware, or has been made aware, of the unlawful nature ofthedata or the activity related to them and has failed to immediately block access tosaid data. What is the border line between these two principles? Taking into accountthat art. 54b of the Press Law Act refers to the press liability it shall be applied to allmeans of transferring human thought thatare similar to press in that they act as press(fulfil the press obligations pursuant to art. 1 of the Press Law Act). In other words,the legal provisions of press liability shall be extended only to such means that couldbe named as press, ifthey were periodical.