Justifying EU Copyright Law: Constructing a Normative Framework for the Right of Communication to the Public

2019 ◽  
Keyword(s):  
Copyright Law ◽  
Communication To The Public ◽  
The Public ◽  
Normative Framework ◽  
Eu Copyright Law ◽  
The Right

11. Copyright in the digital environment

2019 ◽  
pp. 274-304
Author(s):  
Andrew Murray
Keyword(s):  
Public Relations ◽  
Information Society ◽  
Copyright Law ◽  
The Internet ◽  
Communication To The Public ◽  
Digital Environment ◽  
Considerable Time ◽  
The Public ◽  
The Right ◽  
Public Right

This chapter examines copyright issues from copying and distributing information from the internet. It considers the discussion focuses on how the internet has challenged the application and development of copyright law, considering web-copyright concerns such as linking, caching, and aggregating, citing Google Inc. v Copiepresse SCRL. It spends considerable time discussing the operation of the temporary eproduction right though key cases Infopaq International, and Public Relations Consultants Association v Newspaper Licensing Agency. The analysis then moves on to examine the communication to the public right created by the Copyright and Related Rights in the Information Society Directive, examining the application of the right through key cases such as Nils Svensson v Retriever Sverige, GS Media v Sanoma Media, and Stichting Brein v Ziggo BV.

scholarly journals Exhaustion, Distribution and Communication to the Public – The CJEU’s Decision C-263/18 – Tom Kabinet on E-Books and Beyond

2020 ◽  
Vol 69 (5) ◽  
pp. 489-495
Author(s):  
Ansgar Kaiser
Keyword(s):  
Copyright Law ◽  
Communication To The Public ◽  
Great Expectations ◽  
The Public ◽  
The Past ◽  
Distribution Right ◽  
The Right ◽  
Digital Exhaustion

Abstract In its Tom Kabinet decision,****See the text of the decision in this issue of GRUR International at DOI: 10.1093/grurint/ikaa041. The author wishes to thank Aaron Stumpf, Stefan Scheuerer and Laura Valtere for fruitful discussions. the CJEU took a further step in dealing with digital facts under the InfoSoc Directive. This decision on the sale of ‘second-hand’ e-books through a website has set a number of things in motion: besides distinguishing between the distribution right and the right of communication to the public, the decision also affects the exhaustion doctrine and the coherence of European copyright law. In the past few years, discussions about the so-called ‘digital exhaustion’ and related issues have increased enormously. A few days before Christmas 2019, the CJEU published its long-awaited judgment in case C-263/18, also known as Tom Kabinet, in which it decided that the sale of ‘second-hand’ e-books through a website constitutes communication to the public and therefore requires the consent of the rightholder. This opinion gives insights into why the Tom Kabinet decision was so eagerly awaited, what exactly was decided and whether the CJEU’s decision could fulfil these great expectations.

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