Copyright in the Digital Age Private Copying From Illegal Sources: Framing, Embedding and Other Forms of Linking in the CJEU Case Law

Abstract

The Article deals with the right of communication of the work to public in the information society. The different types of use of the work on the Internet are discussed as browsing, uploading and downloading, streaming, webcasting and making the work available to public in general. The major part of the Article is focused on legal aspects of hyperlinking in its various forms. The Article aims on the concept of “new public” and its compatibility with international copyright treaties. The CJEU case law forming the concept of “new public” is analysed, especially in the context of hyperlinking, when in the latest decisions, the basic principles of copyright protection related to hyperlinking are set out. The practical influence in other areas of law, as for example law on unfair competition or rights to databases, is also dealt with. Likewise, the differences from the common-law system are pointed out with a special focus on Australian law. The Article also deals with the historical heritage in copyright law and its sufficiency for nowadays digital society in relation to the newly prepared EU legislation framework on copyright law. Finally, the key issues, most crucial for the future development of copyright law in the digital society, are pointed out and analysed.

Keywords: Hyperlink; Framing; Embedding; New Public; Right of Communication of the Work to Public; Information Society; International Treaties; Copyright; Piracy