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

McBride, P. (2017) The "new public" criterion after Svensson: the (ir)relevance of website terms and conditions. Intellectual Property Quarterly, 2017(3), pp. 262-285.

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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.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:McBride, Dr Pauline
Authors: McBride, P.
Subjects:A General Works > AM Museums (General). Collectors and collecting (General)
College/School:College of Arts & Humanities > School of Humanities > Information Studies
Journal Name:Intellectual Property Quarterly
Publisher:Sweet and Maxwell
ISSN:1364-906X

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