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Published byArline McKinney Modified over 9 years ago
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WHY COPYRIGHT AND LINKING CAN TANGO: THE SVENNSON CASE ALEXANDER TSOUTSANIS University of Amsterdam + DLA Piper Fordham IP Conference 2.014
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YES, “A WORK IS MADE AVAILABLE TO A PUBLIC IN SUCH A WAY THAT … THE PUBLIC MAY ACCESS IT.” “CLICKABLE LINKS MUST BE CONSIDERED TO BE ‘MAKING AVAILABLE’ ”.
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NO
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NO, IF SAME TECHNICAL MEANS, “THE PROVISION ON A WEBSITE OF CLICKABLE LINKS TO WORKS FREELY AVAILABLE ON A WEBSITE DOES NOT CONSTITUTE AN ACT OF ‘COMMUNICATION TO THE PUBLIC’“
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NO
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NO, “WHERE A CLICKABLE LINK MAKES IT POSSIBLE TO CIRCUMVENT RESTRICTIONS … ALL THOSE USERS MUST BE DEEMED TO A NEW PUBLIC... AUTHORISATION IS REQUIRED”
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TOMORROW
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+LINKS TO CONTENT INITIALLY MADE FREELY AVAILABLE BY ©OWNER, USING SAME TECHNICAL MEANS = OK -OTHER LINKING REQUIRES AUTHORIZATION, IF NO ©EXEMPTION APPLIES ?
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CJEU: C-MORE CJEU: BESTWATER EC: ©consultation FEAR 2.0
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MAY BE
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MAY BE, FAIR BALANCE © + HARMONIZATION + LEGAL CERTAINTY + HIGH PROTECTION -NOT EACH LINK PROHIBITED -IMPLICIT AUTHORIZATION -EXCEPTIONS ©, PRINCIPLES -THRESHOLDS
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TAKE A BREAK
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IViR: 2-4 July INFORMATION INFLUX.ORG
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