Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper...

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Main Author: SAW, Cheng Lim
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2018
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Online Access:https://ink.library.smu.edu.sg/sol_research/2747
https://ink.library.smu.edu.sg/context/sol_research/article/4705/viewcontent/Saw2018_Article_LinkingOnTheInternetAndCopyrig__1_.pdf
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spelling sg-smu-ink.sol_research-47052018-06-22T09:29:21Z Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty SAW, Cheng Lim Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It is hoped that this paper will offer a rational view of the ongoing debate (and provide sensible answers to these questions) by drawing on the established jurisprudence of the courts in Europe, the UK and elsewhere, as well as by having regard to the various interpretations of the concept of “publication” in the law of defamation (in particular, Canadian law). 2018-06-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2747 info:doi/10.1007/s40319-018-0709-z https://ink.library.smu.edu.sg/context/sol_research/article/4705/viewcontent/Saw2018_Article_LinkingOnTheInternetAndCopyrig__1_.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Communication (or making available) to the public right Copyright EU law Defamation law Hyperlinks Framing Inline linking Knowledge Consent New public Online infringement Intellectual Property Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Communication (or making available) to the public right
Copyright
EU law
Defamation law
Hyperlinks
Framing
Inline linking
Knowledge
Consent
New public
Online infringement
Intellectual Property Law
spellingShingle Communication (or making available) to the public right
Copyright
EU law
Defamation law
Hyperlinks
Framing
Inline linking
Knowledge
Consent
New public
Online infringement
Intellectual Property Law
SAW, Cheng Lim
Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty
description Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed to accessory/indirect liability)?It is hoped that this paper will offer a rational view of the ongoing debate (and provide sensible answers to these questions) by drawing on the established jurisprudence of the courts in Europe, the UK and elsewhere, as well as by having regard to the various interpretations of the concept of “publication” in the law of defamation (in particular, Canadian law).
format text
author SAW, Cheng Lim
author_facet SAW, Cheng Lim
author_sort SAW, Cheng Lim
title Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty
title_short Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty
title_full Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty
title_fullStr Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty
title_full_unstemmed Linking on the internet and copyright liability – A clarion call for doctrinal clarity and legal certainty
title_sort linking on the internet and copyright liability – a clarion call for doctrinal clarity and legal certainty
publisher Institutional Knowledge at Singapore Management University
publishDate 2018
url https://ink.library.smu.edu.sg/sol_research/2747
https://ink.library.smu.edu.sg/context/sol_research/article/4705/viewcontent/Saw2018_Article_LinkingOnTheInternetAndCopyrig__1_.pdf
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