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Streaming of Copyright Protected (Audio)visual Works from Unauthorised Sources: The Current Legal Status in the European Union and De Lege Ferenda

5.9.2018, Maisteritutkielma

This thesis intends to clarify the legal landscape in the European Union, in light of case law of the Court of Justice of the European Union and Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ L 167/10, surrounding streaming performed by end-users on websites and with programmes that make copyright protected audiovisual works available to the public without the rightholders’ authorisation. The thesis provides an in-depth analysis on the reproduction right and some of its exceptions, also explaining why these are relevant in terms of the topic discussed. In view of this, a comprehensive assessment on the legality of four different types of streaming from unauthorised sources will be provided, proving that the aforementioned are not exempted and effectively constitute a violation of the reproduction right of rightholders’. The thesis will further make normative suggestions, taking into consideration economic and societal effects as well as implications on the integrity of the public, for making unauthorised streaming explicitly unlawful in the European Union with statutory law, namely by an amendment to the aforementioned Directive.

Asiasanat
• Euroopan unioni - Immateriaalioikeus - Tekijänoikeus