Exclusive right of communication of works to the public in the legal system of the European Union

Abstract

AbstractThe subject of my paper is the analysis of the exclusive right of communication to the public—from the point of view of the CJEU jurisprudence. Therefore, I touch upon problems related to the most significant elements of public communication abstracted from the judgments of the CJEU. In my considerations, I analyse such issues as the concept of “the act of communication to the public,” the so‐called “new public,” issues of a profit‐making nature of communication to the public, the mental aspect of public communication and, finally, the question of the hyperlink. My study is critical and is not only intended to present the position of the CJEU. It aims to demonstrate that legislative changes are necessary in the EU directives on copyright and related rights. Otherwise, the CJEU itself will become such a legislator, which may eventually even destabilize the copyright system. CJEU judgments are only random decisions in specific cases, and not comprehensive solutions necessary to introduce new regulations.