The mere provision of physical facilities for acts of communication to the public revisited - joined cases Blue Air and CFR (C-775/21) and (C-826/21)
In: European intellectual property review, Jg. 45 (2023), Heft 9, S. 551-556
Online
unknown
Zugriff:
The inclusion of the term "mere provision of physical facilities", as evidenced in the preparatory works for the World Intellectual Property Office Copyright Treaty (WCT), was to shield internet service providers (ISPs) from liability for infringing communication to the public originating with a third party. In the European Union (EU), this term has been introduced as a recital to the InfoSoc Directive, and as such was applied beyond its original purpose. Primarily, it has been used to related rights and secondly, it has been applied in physical realities, assessing liabilities of hotels, rental cars, aircraft, and trains for copyright infringement. The assessment was based on focusing on what is a "physical facility" and what is a "mere provision". The Blue Air and CFR case offers two insights into the "mere provision". The first insight is that a mere provision can be automatic in nature. The second insight is that the automation that enables an act of communication can be for the benefit of travellers independently of their will.
Titel: |
The mere provision of physical facilities for acts of communication to the public revisited - joined cases Blue Air and CFR (C-775/21) and (C-826/21)
|
---|---|
Autor/in / Beteiligte Person: | Marušić, Branka |
Link: | |
Zeitschrift: | European intellectual property review, Jg. 45 (2023), Heft 9, S. 551-556 |
Veröffentlichung: | 2023 |
Medientyp: | unknown |
ISSN: | 0142-0461 (print) |
Schlagwort: |
|
Sonstiges: |
|