The Right of Communication to the Public in EU Copyright Law

Description

This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Preface Acknowledgements Contents Table of Cases Table of Legislation Introduction I. Subject-Matter II. Significance and Contribution III. Structure IV. Scope 1. Justifying EU Copyright Law: Constructing a Normative Framework for the Right of Communication to the Public I. Introduction II. Constructing a Normative Framework for the EU Right of Communication to the Public III. Proportionality IV. Certainty V. Conclusion – Developing the EU Right of Communication to the Public 2. Journey from Rafael Hoteles to Renckhoff: Exploring the EU Right of Communication to the Public I. Introduction II. Making Sense of the EU Communication to the Public Right III. Understanding the Legal Reasoning of the CJEU in the Communication to the Public Cases IV. Conclusion 3. The Problems with the Right of Communication to the Public I. Introduction II. Broad Interpretation III. 'Communication' IV. The Making Available Aspect V. Reception in Public VI. 'New Public' VII. 'Knowledge' and 'for Profit' VIII. Conclusion 4. Structuring the Reformed Right of Communication to the Public Under EU Copyright Law I. Introduction II. The Reformed Right of Communication to the Public III. Reconciling the Reformed Right with the Existing Copyright Framework IV. Completing the Harmonisation of the Communication to the Public Right V. Conclusion 5. Locating and Establishing Responsibility for the Act of Communication to the Public I. Introduction II. Where Does the Act of Communication to the Public Occur? III. Conclusion 6. Enforcing the Reformed Right of Communication to the Public: Choice of Jurisdiction I. Introduction II. Establishing Jurisdiction in EU Copyright Cases – The Current Approach III. Establishing Jurisdiction for the Reformed Communication to the Public Right IV. Conclusion 7. Enforcing the Reformed Right of Communication to the Public: Choice of Applicable Law I. Introduction II. Establishing Applicable Law in EU Copyright Cases - The Current Approach III. Establishing Applicable Law for the Reformed Communication to the Public Right IV. Conclusion 8. Applying the Reformed Right of Communication to the Public: Case Studies I. Introduction II. Rafael Hoteles – Acts of Cable Retransmission III. Fapl v Qc Leisure – Acts of Reception in Public IV. Itv v TVCatchup – Acts of Internet Retransmission ('Simulcasting') V. Svensson – Hyperlinks VI. Gs Media – Hyperlinks VII. Filmspeler – Media Players VIII. Ziggo – Torrent Files IX. Vcast – Time Shifting X. Embedded Hyperlinks XI. Direct to Download Hyperlinks XII. Circumventing Access Restrictions XIII. Conclusion Conclusion I. The Recommendations II. Implications III. Final Comments Bibliography Index