Volition and the ‘New Public’: A Convergence of US and EU Judicial Approaches to Communications to the Public
(2020) 45(4) European Intellectual Property Review
14 Pages Posted: 2 Feb 2020
Date Written: 2020
US and EU judicial approaches to the right to communicate to the public in copyright are converging towards a common factor – the consideration of the defendant’s fault or mental state. This article highlights this under-appreciated commonality between the two jurisdictions and critically analyses the negative impact that this trend brings to the advancement of copyright’s core objectives.
Keywords: Copyright, communication to the public, EU law, US law, online infringement, linking
JEL Classification: K00
Suggested Citation: Suggested Citation