Title Liability for internet links: eu copyright law approach /
Translation of Title Atsakomybė už internetines nuorodas: ES autorių teisės požiūris.
Authors Korzh, Oksana
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Pages 54
Keywords [eng] Hyperlinks, Internet linking, Copyright, the European Union, content, infringement, case law, the CJEU, Internet intermediaries
Abstract [eng] This thesis is devoted to the challenges with respect to the liability of the Internet links and the action of hyperlinking as such. In the digital area, it is becoming more and more difficult to differentiate between the fair use of copyrighted works and other actions that are considered as a violation of the authors’ rights leading to the copyrights infringement. The tangle here arises when even providing a link to a legally published content may be considered as a violation of copyrights, while doing the same about unauthorized works, that are already available elsewhere in the WWW, will not amount to an infringement. The main goal of this paper is to conduct a research on the liability regime regarding hyperlinking in the EU and the existing practice on the issue in order to define the common approach. There is an infinite race between the Internet and laws to keep up with this ever-changing digital environment that consequently results in regulatory uncertainty deters the massive adoption of new laws. The practice developed by the CJEU remains to be the only applicable tool for resolving such disputes. Since this practice is not universal rules a recommendation to clarify this issue can lie in codified definition to the criteria of “communication to the public” and other relevant aspects of similar cases, in order to simplify the process of referring to the previous cases in the court and thus make pending cases go faster.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language English
Publication date 2020