<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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 DSM does not modify the concept of making works available to the public, and the premises for the scope of the right from the DSM were already available for ‘interpretation’ based on Article 3 InfoSoc.</p>
</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 DSM does not modify the concept of making works available to the public, and the premises for the scope of the right from the DSM were already available for ‘interpretation’ based on Article 3 InfoSoc.

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?

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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 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?

Data publikacji: 05 kwi 2022

Zakres stron: 173 - 191

Otrzymano: 25 lis 2021

Przyjęty: 21 lut 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.11

Słowa kluczowe
copyright, DSM, internet, hosting, service provider

© 2022 Michał Markiewicz, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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?

Data publikacji: 05 kwi 2022

Zakres stron: 173 - 191

Otrzymano: 25 lis 2021

Przyjęty: 21 lut 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.11

Słowa kluczowecopyright, DSM, internet, hosting, service provider

© 2022 Michał Markiewicz, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Słowa kluczowe
copyright, DSM, internet, hosting, service provider