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The Right of Communication to the Public in EU Copyright Law

The Right of Communication to the Public in EU Copyright Law

Author: Justin Koo
Publisher: Hart Publishing
ISBN: 9781509946181

Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509920655

List Price: HKD 467.87

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Description
Contents

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This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform.

In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law.

Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.

Introduction

I. Subject-Matter

II. Significance and Contribution

III. Structure

IV. Scope

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

I. Introduction

II. Constructing a Normative Framework for the EU Right of Communication to the Public

III. Proportionality

IV. Certainty

V. Conclusion – Developing the EU Right of Communication to the Public

2. Journey from Rafael Hoteles to Renckhoff : Exploring the EU Right of Communication to the Public

I. Introduction

II. Making Sense of the EU Communication to the Public Right

III. Understanding the Legal Reasoning of the CJEU in the Communication to the Public Cases

IV. Conclusion

3. The Problems with the Right of Communication to the Public

I. Introduction

II. Broad Interpretation

III. 'Communication'

IV. The Making Available Aspect

V. Reception in Public

VI. 'New Public'

VII. 'Knowledge' and 'for Profit'

VIII. Conclusion

4. Structuring the Reformed Right of Communication to the Public Under EU Copyright Law

I. Introduction

II. The Reformed Right of Communication to the Public

III. Reconciling the Reformed Right with the Existing Copyright Framework

IV. Completing the Harmonisation of the Communication to the Public Right

V. Conclusion

5. Locating and Establishing Responsibility for the Act of Communication to the Public

I. Introduction

II. Where Does the Act of Communication to the Public Occur?

III. Conclusion

6. Enforcing the Reformed Right of Communication to the Public: Choice of Jurisdiction

I. Introduction

II. Establishing Jurisdiction in EU Copyright Cases – The Current Approach

III. Establishing Jurisdiction for the Reformed Communication to the Public Right

IV. Conclusion

7. Enforcing the Reformed Right of Communication to the Public: Choice of Applicable Law

I. Introduction

II. Establishing Applicable Law in EU Copyright Cases – The Current Approach

III. Establishing Applicable Law for the Reformed Communication to the Public Right

IV. Conclusion

8. Applying the Reformed Right of Communication to the Public: Case Studies

I. Introduction

II. Rafael Hoteles – Acts of Cable Retransmission

III. FAPL v QC Leisure – Acts of Reception in Public

IV. ITV v TVCatchup – Acts of Internet Retransmission ('Simulcasting')

V. Svensson – Hyperlinks

VI. GS Media – Hyperlinks

VII. Filmspeler – Media Players

VIII. Ziggo – Torrent Files

IX. VCAST – Time Shifting

X. Embedded Hyperlinks

XI. Direct to Download Hyperlinks

XII. Circumventing Access Restrictions

XIII. Conclusion

Conclusion

I. The Recommendations

II. Implications

III. Final Comments

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