Blocking Injunctions and Website Operators’ Liability for Copyright Infringement for User-Generated Links
European Intellectual Property Review (EIPR), Issue 5, pp. 279-288, 2014
Posted: 4 May 2014
Date Written: February 25, 2014
Abstract
This article explores UK website blocking injunctions, the CJEU ruling in Svensson (C-466/12), and referrals on linking in the context of website operator's direct, secondary or joint liability for copyright infringement due to user-generated content. Direct liability and UK authorisation doctrine seem questionable, but joint tortfeasance and similar criminal law constructs form a more solid foundation for operators’ liability.
Keywords: Communication to the public right, Copyright, EU law, Hyperlinks, Internet service providers, Online infringement, User-generated content
JEL Classification: K11, K42
Suggested Citation: Suggested Citation