Abstract
This article critically examines the 'new public' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a 'new public' test.
aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public
Bibtex
Article{Hugenholtz2016b,
title = {Communication to a New Public? Three reasons why EU copyright law can do without a ‘new public’},
author = {Hugenholtz, P. and Velze, S.C. van},
url = {http://link.springer.com/article/10.1007/s40319-016-0512-7?wt_mc=Internal.Event.1.SEM.ArticleAuthorAssignedToIssue},
doi = {https://doi.org/10.1007/s40319-016-0512-7},
year = {1118},
date = {2016-11-18},
journal = {IIC (International Review of Intellectual Property and Competition Law)},
volume = {47},
number = {7},
pages = {797-816},
abstract = {This article critically examines the \'new public\' test in EU copyright law, which was developed by the CJEU interpreting the right of communication to the public in cases of retransmission and hyperlinking. As the authors seek to demonstrate, this test is flawed for at least three reasons: historical, conceptual and economic. EU copyright law can do well without a \'new public\' test.},
keywords = {aggregation, Auteursrecht, Berne Convention, communication to the public, Copyright, frontpage, hyperlinking, new public},
}