Naslov
Hyperlinking to copyright works in EU: Finding a weak link

Autori
Kunda, Ivana

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
The Future of Intellectual Property

Urednik/ci
Gervais, Daniel G.

Izdavač
Edward Elgar Publishing

Grad
Cheltenham

Godina
2021

Raspon stranica
251-271

ISBN
978 1 80088 533 2

Ključne riječi
EU law, copyright law, communication to the public, hyperlinking

Sažetak
The EU Information Society Directive has been under particular scrutiny of the Court of Justice of the EU in the past several years due to many questions which have arisen in relation to hyperlinking to the webpage containing work protected by copyright. From 2014, when the judgment in Svensson introduced the notion of “new public” and the judgment in BestWater addressed the technique of framing, through GS Media where the initial posting of copyright work was without authorization of the copyright holder and hyperlinker’s knowledge and profit- making operation appear relevant, to 2017 when judgments in Stichting Brein v Wullems and in Stichting Brein v Ziggo on the devices with pre-installed features containing hyperlinks and sharing platforms, the CJEU was (re)constructing the concept of “act of communication to the public”. Each of these judgments presents a fragment which linked up to other such fragments should result in the big picture and enable understanding of the regulatory system in which online operators may lawfully use one of the key online communication tools – hyperlinks. As this paper shows, however, when joined together the elements of the architecture applicable to hyperlinks under Article 3(1) of the Information Society Directive do not form a system coherent with the international framework and functional within itself. Analysis shows that the weakest link consists of the deficient connection between the legislative concept and the architecture of the system constructed by means of the CJEU’s interpretations. Looking ahead, several perspectives are offered in this article, including the implied license scheme, use of technical restrictions, and distinguishing different linking techniques. It is put forward that, to mend the missing link, the rationale of the right of communication to the public has to be reconnected to the underlying functions of copyright.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Ovo poglavlje nadovezuje se na sudjelovanje u
konferenciji koje je upisano pod rednim brojem
1127203 i direktan pristup je moguć putem
sljedeće poveznice:
https://www.bib.irb.hr/1127203.

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