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Striking a fair balance between the protection of creative content and the need to foster its dissemination : The challenges posed by Internet linking and meta search engines

Axhamn, Johan LU (2014) p.95-118
Abstract
In recent years, the ability to make available, locate and access copyright protected content over the Internet has increased considerably. Some business models are directly aimed at linking or locating content already made available by other services. Such business models may create value for end users by making it easier to locate and find content on the Internet, but at the same time, they may be deemed to appropriate value from the rightholders or their service providers. In some cases, this has led to tensions and even litigations between the providers of these new business models and the rightholders or their service providers. These tensions are reflections of the underlying policy concerns inherent in the field of copyright law on... (More)
In recent years, the ability to make available, locate and access copyright protected content over the Internet has increased considerably. Some business models are directly aimed at linking or locating content already made available by other services. Such business models may create value for end users by making it easier to locate and find content on the Internet, but at the same time, they may be deemed to appropriate value from the rightholders or their service providers. In some cases, this has led to tensions and even litigations between the providers of these new business models and the rightholders or their service providers. These tensions are reflections of the underlying policy concerns inherent in the field of copyright law on the necessity to strike a fair balance between the protection of creative content and measures to foster its dissemination. This article will discuss, analyse and draw conclusions from two recent cases from the Court of Justice of the European Union on Internet linking and meta search engines, Svensson and Others and Innoweb, and relate them to the underlying policy concerns in copyright law. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
linking, internet linking, hyperlinking, copyright, meta search engines, search engines, database protection, communication to the public, making available to the public, new public
host publication
Regulating eTechnologies in the European union : Normative Realities and Trends - Normative Realities and Trends
editor
Kerikmäe, Tanel
pages
24 pages
publisher
Springer
external identifiers
  • scopus:84955741717
ISBN
9783319081168
language
English
LU publication?
no
id
150ab81e-9c88-4170-8801-57ec492224f2
date added to LUP
2020-03-15 23:01:53
date last changed
2022-02-01 05:04:46
@inbook{150ab81e-9c88-4170-8801-57ec492224f2,
  abstract     = {{In recent years, the ability to make available, locate and access copyright protected content over the Internet has increased considerably. Some business models are directly aimed at linking or locating content already made available by other services. Such business models may create value for end users by making it easier to locate and find content on the Internet, but at the same time, they may be deemed to appropriate value from the rightholders or their service providers. In some cases, this has led to tensions and even litigations between the providers of these new business models and the rightholders or their service providers. These tensions are reflections of the underlying policy concerns inherent in the field of copyright law on the necessity to strike a fair balance between the protection of creative content and measures to foster its dissemination. This article will discuss, analyse and draw conclusions from two recent cases from the Court of Justice of the European Union on Internet linking and meta search engines, Svensson and Others and Innoweb, and relate them to the underlying policy concerns in copyright law.}},
  author       = {{Axhamn, Johan}},
  booktitle    = {{Regulating eTechnologies in the European union : Normative Realities and Trends}},
  editor       = {{Kerikmäe, Tanel}},
  isbn         = {{9783319081168}},
  keywords     = {{linking; internet linking; hyperlinking; copyright; meta search engines; search engines; database protection; communication to the public; making available to the public; new public}},
  language     = {{eng}},
  pages        = {{95--118}},
  publisher    = {{Springer}},
  title        = {{Striking a fair balance between the protection of creative content and the need to foster its dissemination : The challenges posed by Internet linking and meta search engines}},
  year         = {{2014}},
}