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Communication to the public or accessory liability?

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.

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