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Vol 24 No 6 June/July 2019

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The Right of Communication to the Public in EU Copyright Law


ISBN13: 9781509920655
Published: May 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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

Subjects:
Intellectual Property Law
Contents:
I. Subject-Matter
II. Significance and Contribution
III. Structure
IV. Scope
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