Edited by Paul Torremans
Chapter 7: Enforcing the EU right of communication to the public in cases of ubiquitous infringement
The exclusive right of communication to the public has grown in importance with developments in technology, particularly the internet. An act of communication to the public committed via the internet has the potential to be ubiquitous. However, EU copyright law remains territorial in nature. This creates the issue of how to reconcile the ubiquitous nature of communication to the public infringement with the EU’s territorially oriented rules concerning copyright law, jurisdiction and applicable law. Keywords: copyright, communication to the public, access vs transmission, ubiquitous infringement, copyright jurisdiction, copyright enforcement
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