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

See all articles by Cheryl Foong

Cheryl Foong

Curtin University - Curtin Law School

Date Written: 2020

Abstract

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

Foong, Cheryl, Volition and the ‘New Public’: A Convergence of US and EU Judicial Approaches to Communications to the Public (2020). (2020) 45(4) European Intellectual Property Review. Available at SSRN: https://ssrn.com/abstract=3516478

Cheryl Foong (Contact Author)

Curtin University - Curtin Law School ( email )

Australia

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