The "new public" criterion after Svensson : the (Ir)relevance of website terms and conditions

Pauline McBride

The "new public" criterion after Svensson : the (Ir)relevance of website terms and conditions

Pauline McBride

Research output: Contribution to journal › Article › peer-review

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

Cite this

@article{d2677f1c5ad24fa0860ad6fbf9421a71,

title = "The {"}new public{"} criterion after Svensson : the (Ir)relevance of website terms and conditions",

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.",

author = "Pauline McBride",

year = "2017",

month = jul,

day = "1",

language = "English",

volume = "2017",

pages = "262--285",

journal = "Intellectual Property Quarterly",

issn = "1364-906X",

publisher = "Sweet and Maxwell",

number = "3",

}

TY - JOUR

T1 - The "new public" criterion after Svensson : the (Ir)relevance of website terms and conditions

AU - McBride, Pauline

PY - 2017/7/1

Y1 - 2017/7/1

N2 - 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.

AB - 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.

UR - https://eprints.gla.ac.uk/145434/

M3 - Article

SN - 1364-906X

VL - 2017

SP - 262

EP - 285

JO - Intellectual Property Quarterly

JF - Intellectual Property Quarterly

IS - 3

ER -

The "new public" criterion after Svensson : the (Ir)relevance of website terms and conditions

Abstract

Other files and links

Fingerprint

Cite this