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Odpowiedzialność za umieszczenie odesłań w Internecie w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej

Author: Marek Porzeżyński
Institution: WPiA UKSW, Instytut Badań nad Prawnymi Aspektami Nowych Technologii – Future Institute,
Year of publication: 2017
Source: Show
Pages: 64-85
DOI Address: https://doi.org/10.15804/tpn2017.1.05
PDF: tpn/12/TPN2017105.pdf

Undoubtedly linking is one of the technologies that constitute a basis of the web. Links are most commonly used for indication of the place of content in the richness of the internet. However, they can also be used for illegal actions concerning communication of works protected under copyright. Legality of linking depends on the classification whether they are communicating such work to the public in the meaning of art. 3 (1) of Directive 2001/29/WE. Court of Justice of European Union in its case law referred to the interpretation of the communication to the public and propose additional characteristics which can be useful for analysis of hyperlinks. In the most recent cases CJEU highlighted that in the era of the internet, a comprehensively harmonized EU copyright law is the key issue. There are still many problems with its interpretation. The CJEU undertook to solve this issue and proposed a new approach in the range of communication to the public, and maybe, whole copyright law – application of the new mental element. It is indicated that its use as to the hosting services could put an end to the illegal internet businesses in the range of copyrighted works. However, proposed change raises as many questions as it solves.

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