Abstract

Copyright law is to encourage the creation of artistic, intellectual, and scientific content, granting to creators exclusive rights to exploit their creations. Internet intermediaries such as websites, search engines and other on-line platforms commonly host third party content which can infringe on the creator’s copyright. Safe harbor laws insulate Internet intermediaries from claims of infringement. This paper discusses copyright infringement and safe harbors in instructive jurisdictions addressing the underlying rationale used by legislators and courts and then comments on contemporary issues addressing the vitality of safe harbor protection. The methodology includes a survey of leading safe harbor regimes in the United States, the European Union, Canada and Australia, supplemented with case law that interprets the application of safe harbor rules for intermediaries plus important commentaries on the application of safe harbor rules are explored. Given the rapid changes in the sources of third party content, the swift revolution in the types of internet intermediaries and the difficulty in determining the effects of altering safe harbor principles, the widest application of safe harbor protections are preferable to ensure the continued dynamism of the Internet for all stakeholders.