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Centre for Intellectual Property and Information Law

 

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Thursday, 21 October 2021 - 5.30pm
Location: 
Online webinar

Title: 'Communication to the Public: The Next Frontier'

Speaker: Dr Justin Koo, University of the West Indies (UWI)

Biography

Justin obtained his LLB from the University of Kent in 2011. He then completed his LLM in Intellectual Property Law at King's College London in 2012. Following this he completed his PhD at King's College London in 2016. The thesis comprised the title: 'The proper scope of the communication to the public right in EU copyright law'. Prior to joining the UWI, Justin was a Visiting Lecturer at King's College London where he taught Trade Marks and Passing Off and Intellectual Property Law to undergraduate students on the LLB programme. Justin was also a Teaching Fellow at University College London (UCL) where he taught Intellectual Property Law to undergraduates on the LLB and Trade Marks and Brands to postgraduate LLM students. Justin is an Associate Fellow of the Higher Education Academy of the UK and provides consultation and expert advice pertaining to the management of intellectual property works and portfolios.

Abstract

The development of the communication to the public right under Article 3 of the Information Society Directive has been one of the most hotly contested copyright issues for the last decade. The Court of Justice of the European Union’s rulings in Svensson and GS Media exacerbated the problems with the communication to the public right that were evident since Rafael Hoteles. Similarly, the post-GS Media case law of the Court of Justice of the European Union has only served to further undermine the coherence of the communication to the public right. However, since GS Media, there have been three significant developments that challenge the status quo of the jurisprudence relating to the communication to the public right in the context of Article 3 of the Information Society Directive. Notably, Article 17 of the Digital Single Market Directive, Case C-392/19 VG Bild-Kunst and Joined Cases C-682/18 and C-683/18 YouTube. Taken together, these three elements form the beginning of the new frontier for the development of the communication to the public right. This paper will explore these three developments and examine their impact on the existing scope of the communication to the public right as understood under Article 3 of the Information Society Directive, the implications for platforms that rely on user generated content and the issues with parallel communication to the public rights under Article 3 of the Information Society Directive and Article 17 of the Digital Single Market Directive.

Zoom registration: https://us02web.zoom.us/webinar/register/WN_bndL9FUqTVylyYryqp84VA

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