EU Copyright Liability for Internet Linking

This article analyzes linking on the internet from the perspective of the EU copyright concept communication to the public in the light of recent developments in late 2016 and early 2017, especially the Court of Justice of the European Union judgments GS Media, Filmspeler, and Ziggo. The article highlights the doctrinal approach on communication to the public and de facto harmonization of certain aspects of classic indirect liability. The article analyzes open issues relating to linking to illegal publications, specifically the uncertainty relating to the extent of liability for the contents of the linked page, the scope of pursuing profit when linking, and the linker’s duties of care. The article also discusses two aspects related to linking to legal publications; that is, the conceptualization of the “new public” requirement as a regulated implied license and the conditions of restricting access and circumventing restrictions