COPYRIGHT ISSUES PERTAINING TO LINKING, FRAMING AND BROWSING ON THE INTERNET

 
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2017 (EN)
COPYRIGHT ISSUES PERTAINING TO LINKING, FRAMING AND BROWSING ON THE INTERNET (EN)

Flytzani, Marilena (EN)

School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law (EL)
Kaisis, Athanasios (EN)
Stamatoudi, Irini (EN)
Komnios, Komninos (EN)

The spectacular growth of the Internet has brought providers and users closer in both the commercial arena and private homes. Users employ search engines to find websites of interest, with linking, framing and browsing facilitating navigation from one webpage to another. These most attractive but also most problematic tools promote free access to information, and thus freedom of speech, but also create the risk of copyright infringement. In this context, the Court of Justice of the European Union (CJEU) has recently issued some interesting, yet controversial rulings in its attempt to clarify the complexity of conceptual definitions involved in linking, framing and browsing, as well as interpret EU copyright law. By doing so, the CJEU applied new criteria and construed the concept of exclusive rights of authors more or less restrictively depending on the actual facts of each case. However, what prevailed, it was the resounding victory of common sense. If this were not the case, then there would be the unsatisfactory and impractical consequence that internet users would not be able to link and browse on the internet without the copyright owner’s consent. To this end, one can only welcome the efforts of the CJEU in harmonizing EU copyright law. Taking into consideration that a correct balance between, on the one hand, strong protection of intellectual property rights so as to encourage creativity and investment and, on the other hand, the public interest in not allowing the monopoly or exclusive rights to extend too far, lies at the very heart of intellectual property law, the CJEU’ role in shaping EU copyright law was fundamental. (EN)

masterThesis

Intellectual property--Law and legislation (EN)
Internet--Moral and ethical aspects (EN)
Browsing (EN)
Fair use (Copyright)--Law and legislation (EN)
Framing (EN)
Linking (EN)

Διεθνές Πανεπιστήμιο της Ελλάδος (EL)
International Hellenic University (EN)

2017-01-24


IHU (EN)



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