Eleonora Rosati, ‘Linking and copyright in the shade of VG Bild-Kunst

‘Why settle for a duke when you can have a prince?’, wonders Daphne Bridgerton, débutante of the year, as she reviews her suitor options during season 1 of the most-watched Netflix show ever, Regency era-set Bridgerton. On paper, a prince may indeed be a preferable match to a duke. The Court of Justice might have thought along similar lines in VG Bild-Kunst, when it discarded the recommendation of Advocate General Szpunar to treat different links differently for the purpose of determining the scope of copyright protection on the internet, more specifically the application of the right of communication to the public under Article 3(1) of Directive 2001/293 (the InfoSoc Directive). The Court likely considered that the approach recommended by the Advocate General would be exposed to the risk of technological obsolescence …

Eleonora Rosati, Linking and copyright in the shade of VG Bild-Kunst, Common Market Law Review, volume 58, issue 6 (2021) pp 1875–1894.

First posted 2021-12-04 18:10:15

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