Cookies on our website

We use cookies on our website. To learn more about cookies, how we use them on our site and how to change your cookie settings please view our cookie policy.

Read more Close
Skip Ribbon Commands
Skip to main content
Sign In


Communication to the public or accessory liability?


10 May 2018

Is the CJEU using communication to the public to harmonise accessory liability across the EU?


EU copyright law on communication to the public continues to be in a state of flux as digital technologies and methods of distributing and consuming content continue to develop. The CJEU takes a flexible solution-focused approach when deciding this issue, but has failed to provide a consistent approach. The “new public” condition continues to be a challenge, and criteria such as knowledge and profit have also been incorporated into the test. Is this an attempt by the CJEU to harmonise accessory liability across the EU in the field of communication to the public?

This material was first published by Thomson Reuters in the European Intellectual Property Review, as ‘Communication to the Public or Accessory Liability? Is the CJEU using Communication to the Public to Harmonise Accessory Liability across the EU’ (2018) 40 EIPR, Issue 5 by Neville Cordell and Beverley Potts and is reproduced with the agreement of the Publisher.

To read the full article, click here.


Publications search

Client alerts

Already signed up for Client alerts? Click here to access your portal

  • Add comment (optional)