Stamatoudi, Irini --- "‘Linking’ and ‘browsing’ in the light of the EU Court of Justice’s case law" [2018] ELECD 1146; in Pistorius, Tana (ed), "Intellectual Property Perspectives on the Regulation of New Technologies" (Edward Elgar Publishing, 2018) 179

Book Title: Intellectual Property Perspectives on the Regulation of New Technologies

Editor(s): Pistorius, Tana

Publisher: Edward Elgar Publishing

ISBN: 9781786436375

Section: Chapter 7

Section Title: ‘Linking’ and ‘browsing’ in the light of the EU Court of Justice’s case law

Author(s): Stamatoudi, Irini

Number of pages: 29

Abstract/Description:

This chapter focuses on ‘browsing’, ‘linking’ and ‘framing’ and in particular on whether these acts fall within the rightholders’ absolute and exclusive rights and therefore require authorisations. These acts are examined in light of the Court of Justice of the European Union’s (CJEU’s) recent case law. Until recently it was also not entirely clear whether EU Member States may interpret this right as they consider appropriate or whether they have to interpret it in a uniform manner. In light of the CJEU’s recent case law the author concludes that the Court’s judicial activism has proven to work conveniently for the EU and perhaps for its Member States that seem prudent and reserved to any legislative initiatives in this area. The Court’s pro-activism has proven capable of overcoming political entanglements and catching up (some would argue in a timely manner) with the challenges and emerging needs arising from new technologies and practices.