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

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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 languageUndefined/Unknown
Pages (from-to)262-285
JournalIntellectual Property Quarterly
Publication statusPublished - Jul 2017

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