Abstract
Following the ruling in Svensson, many commentators speculated that website terms and conditions might have a role in determining the lawfulness of hyperlinking under the copyright regime. Specifically, they suggested that such terms and conditions might determine whether, in a particular case, the "new public" criterion is met. This article argues that website terms and conditions cannot perform such a role.
| Original language | English |
|---|---|
| Pages (from-to) | 262-285 |
| Number of pages | 24 |
| Journal | Intellectual Property Quarterly |
| Volume | 2017 |
| Issue number | 3 |
| Publication status | Published - 1 Jul 2017 |
| Externally published | Yes |