Kaiser Sandra, 2022
Copyright infringements through links on the Internet
In numerous judgments, the ECJ has interpreted the provision of Art. 3 (1) of the InfoSoc Directive, which is subject to interpretation, and thus created an interpretative framework for the treatment of communication to the public, particularly in the digital world of the internet. The present work critically assesses the case law of the ECJ. Based on this case law, a proposal is developed which leads to a generally applicable scheme that offers advantages over the flexible system of the ECJ, such as increased legal certainty.