When Does a Communication to the Public Under EU Copyright Law Need to Be to a ‘New Public’?

European Law Review, Forthcoming

21 Pages Posted: 2 Jul 2020

See all articles by Eleonora Rosati

Eleonora Rosati

Stockholm University, Faculty of Law

Date Written: July 1, 2020

Abstract

This article analyses CJEU case law on the notion of ‘new public’ in the context of the right of communication to the public in EU copyright law, with a focus on Article 3(1) of the InfoSoc Directive. It investigates its origin, use and development, as well as the justifications given for such use. By identifying for the first time four distinct groups of case law, the analysis shows how the role of the ‘new public’ has changed over time. If intended as a requirement, the ‘new public’ creates undue complexity in the reasoning of the CJEU in most instances. While others have suggested that the CJEU should disregard this notion altogether, this article proposes a less radical way for the CJEU to ‘escape’ the difficulties inherent to its own jurisprudence.

Keywords: Copyright; Communication to the Public; New Public; CJEU; EU; EU Copyright

Suggested Citation

Rosati, Eleonora, When Does a Communication to the Public Under EU Copyright Law Need to Be to a ‘New Public’? (July 1, 2020). European Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3640493

Eleonora Rosati (Contact Author)

Stockholm University, Faculty of Law ( email )

S-106 91 Stockholm
SWEDEN

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