The Right of Communication to the Public of Works on the Internet in EU Law (Directive 2001/29 v. Directive 2019/790): Is There Any Definable Scope of This Right?
Abstract:This article focuses on the controversy in defining the scope of the right of communication to the public of works provided in Article 3 InfoSoc, especially in the ‘creative’ interpretations made by the CJEU. Based on these considerations, I justify a position qualifying Article 17 DSM, as a provision performing a statutory ‘balancing act’ between the premises determining the scope of the right to communicate a work to the public in the case of online content-sharing service providers. In this view, Article 17… Show more
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