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The EU Right of Communication to the Public Against Creativity in the Digital World: A Conflict at the Crossroads?

  • 2025
  • OriginalPaper
  • Chapter
Published in:
Author
Zoi Krokida
Published in
EU Digital Law in the AI Era
Publisher
Springer Nature Switzerland

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Abstract

This chapter delves into the EU's right of communication to the public, as outlined in Article 3 of the InfoSoc Directive, and its evolving interpretation in the digital world. It critically examines the CJEU's rulings on linking activities and the primary liability rules imposed on online content-sharing service providers. The text explores the implications of these interpretations for creativity, access to cultural works, and the business models of online platforms. It argues for a narrow interpretation of the right to strike a fair balance between the interests of copyright holders, platforms, and users. The chapter also discusses potential solutions, such as clarifying the concept of 'public' and imposing a duty of care on online platforms, to foster a more conducive environment for digital creativity.
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Title
The EU Right of Communication to the Public Against Creativity in the Digital World: A Conflict at the Crossroads?
Author
Zoi Krokida
Copyright Year
2025
Book
EU Digital Law in the AI Era

Print ISBN: 978-3-031-96742-9

Electronic ISBN: 978-3-031-96743-6

Copyright Year: 2025

DOI
https://doi.org/10.1007/978-3-031-96743-6_7
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