Enforcing the EU Communication to the Public Right in Cases of Ubiquitous Infringement
‘Enforcing the EU Communication to the Public Right in Cases of Ubiquitous Infringement’ in P Torremans, Research Handbook on Copyright (Edward Elgar Publishing, 2017)
21 Pages Posted: 28 May 2020
Date Written: 2017
Abstract
The exclusive right of communication to the public has grown in importance with developments in technology, in particular the internet. An act of communication to the public committed via the internet has the potential to be ubiquitous. However, EU copyright law remains territorial in nature. Thus, this creates the issue of how to reconcile the ubiquitous nature of communication to the public infringement with the EU’s territorially oriented rules concerning copyright law, jurisdiction and applicable law.
Keywords: copyright, communication to the public, access vs transmission, ubiquitous infringement, copyright jurisdiction, copyright enforcement
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