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Authors

YiJun Tian

Abstract

[extract] Over the past few years, most member countries have adapted their Copyright Laws to meet the requirements of the WIPO [World Intellectual Property Organization] Internet Treaties or regional trade agreements, and also set up corresponding ‘ISP safe harbour’ in their new legislation. This article will examine and compare the ISP safe harbour provisions in the legislation of different countries, especially focusing on the U.S. and Japan, and draw on their successful experiences. Then, it will examine the ‘ISP safe harbour’ in current Australian copyright law, especially the new requirements (in terms of ISP liability) under the Australia-United States Free Trade Agreement. Some recent cases in the U.S. and Australia will also be used to illustrate the potential problems of current ISP legislation and the possible solutions. Finally, this article will try to provide some specific suggestions for legislative reform in Australia (such as suggesting that Australia establish a ‘Seven day Notice Takedown Regime’ with its own features), and will argue that the legitive reform must be consistent with Australia’s current economic, social and legal circumstances.

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