Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2018

Abstract

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It is hoped that this paper will offer a rational view of the ongoing debate (and provide sensible answers to these questions) by drawing on the established jurisprudence of the courts in Europe, the UK and elsewhere, as well as by having regard to the various interpretations of the concept of “publication” in the law of defamation (in particular, Canadian law).

Keywords

Communication (or making available) to the public right, Copyright, EU law, Defamation law, Hyperlinks, Framing, Inline linking, Knowledge, Consent, New public, Online infringement

Discipline

Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

International Review of Intellectual Property and Competition Law

Volume

49

Issue

5

First Page

536

Last Page

564

ISSN

0018-9855

Identifier

10.1007/s40319-018-0709-z

Publisher

Max-Planck-Institut für Immaterialgüter- und Wettbewerbsrecht

Additional URL

http://doi.org/10.1007/s40319-018-0709-z

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