Transatlantic Copyright Comparisons: Making Available via Hyperlinks in the European Union and Canada
A new working paper by Jeremy de Beer and Mira Burri, which provides a useful comparative analysis of developments in the EU and Canada on the highly contentious issue of hyperlinking and copyright liability.
This paper provides a timely comparative analysis of recent Canadian and European Union (EU) copyright cases regarding the nature and scope of communication rights, as applied to the issue of copyright liability for hyperlinking. It links these evolving practices with the pertinent international law, in particular with the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), together known as the WIPO Internet Treaties, and assesses the pros and cons of treaties' flexibility in light of new technological developments with complex and multi-directional implications, such as the Internet.
The paper has been presented at the recent 2013 IP Scholars Conference at Cardozo Law School.
It is under review with the European Intellectual Property Review (EIPR).