Chasing Copyright Infringement in the Streaming Landscape
International Review of Intellectual Property and Competition Law, Vol. 42, No. 3, 2011
28 Pages Posted: 24 Nov 2013
Date Written: March 1, 2011
This article examines the copyright implications of the use of streaming technologies on the internet. While streaming is becoming a leading technology in the online distribution, thereby supplanting downloading as a major vehicle to experience content online, its assessment through the lenses of copyright law is still unsettled. The article considers two primary forms of internet streaming, namely on-demand and live streaming, and analyses the applicability of the “public communication right” and of the “reproduction right” to these technologies. With reference to European case law, it highlights some critical uncertainties as to the relevance of broadcasting right to live streaming, and it evidences some paradoxes resulting from the application of the reproduction right to streaming technologies in general. It concludes that current European digital copyright law, as resulting from the acquis communautaire and the jurisprudence of Member states, is unfit for discriminating between infringing and legitimate uses of copyright works via streaming technologies.
Keywords: EU law, digital copyright, reproduction right, copyright exceptions, temporary reproduction, public communication
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