The EU Right of Communication to the Public Against Creativity in the Digital World: A Conflict at the Crossroads?
摘要
This article discusses the EU right of communication to the public and its application in the digital word. More specifically, it critically examines the application of the right in the context of linking activities and online platforms’ regulatory framework and then addresses its implications for online creativity. Having discussed and identified potential discrepancies, the article argues that a balanced interpretation of the act of communication to the public is needed. This could be achieved through a narrow interpretation of the right of communication to the public. In that way, the fundamental rights of the parties involved would be taken into consideration.