The Court of Justice of the European Union (‘CJEU’ or ‘the Court’) recently issued its decision in Case C-610/15, Stichting Brein v Ziggo BV and XS4ALL Internet BV — often known as the Pirate Bay case (‘TPB’). This decision focuses on the concept of ‘communication to the public’.
In this blog post, we contrast this decision with the European Commission’s proposed Directive on copyright (the ‘Copyright Reform Proposal’), which we’ve discussed in many previous blog posts (see here and here). As faithful DisCo readers may remember, this proposal entirely rewrites the European intermediary liability regime in its Article 13 and corresponding recitals. It also tries to dramatically broaden the scope of copyright and in particular the key notion of ‘right of communication to the public’, by stating that “information society service providers store and provide access to the public to copyright protected works … thereby … performing an act of communication to the public”.MORE »