Transatlantic Copyright Comparisons: Making Available via Hyperlinks in the European Union and Canada
European Intellectual Property Review, Issue 2, pp. 95-105, 2014.
28 Pages Posted: 18 Sep 2013 Last revised: 21 May 2014
Date Written: January 17, 2014
This paper provides a timely comparative analysis of recent Canadian and European Union (EU) copyright cases regarding the nature and scope of communication rights, as applied to the issue of copyright liability for hyperlinking. It links these evolving practices with the pertinent international law, in particular with the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), together known as the WIPO Internet Treaties.
Keywords: copyright, making available, hyperlinking, WIPO Internet Treaties, EU, Canada
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