The Implications of GS Media v. Sanoma Media Netherlands' "New Public" on Digital Distance Learning

Author:Cheryl Warden
Position:MRes Student at the University of Glasgow. The author would like to thank Dr. Thomas Margoni for his assistance in researching this paper. The author is also appreciative of the comments made by the editorial board and anonymous peer reviewer.
Pages:1-15
Dundee Student Law Review, Vol. 4(2), No.4
The Implications of GS Media v. Sanoma Media
Netherlands’ ‘New Public’ on Digital Distance
Learning
A comparative analysis of the UK’s and Portugal’s implementation of
the InfoSoc Directive’s Art.3(1) Communication to the Public Right
and Art.5(3)(a) Teaching Exception
Cheryl Warden
Introduction:
The internet is a borderless arena of information; its modes of information dissemination are
‘evolutionary’ in nature1 and utilised by end-users who rely on service providers to give them
the information.2 Governance of information uploaded to the internet is underpinned by
copyright law’s ‘balancing of interests’ paradigm.3 An interrelated topical intellectual property
right (‘IPR’), the Information Directive’s4 (InfoSoc) Article 3(1) right of communication to the
public when considered in relation to digital distance learning (‘DDL’) is a multifaceted
debate.5 This contention is two-fold.
MRes Student at the University of Glasgow. The author would like to thank Dr. T homas Margoni for his
assistance in researching this paper. The author is also appreciative of the comments made by the editorial b oard
and anonymous peer reviewer.
1 P. Bernt Hugenholtz, ‘Adapting Copyright to the Information Superhighway' in P.Bernt Hugenholtz (ed.), The
Future of Copyright in a Digital Environment (Kluwer Law International, 1996), 82.
2 Simon Stokes, Digital copyright la w and pr actice (4th edn, Hart Publishing, 2014) 153.
3 On one side, the public interest to access knowledge; on the other incentivising the creatio n of new works by
affording creators of works rights to economically exploit their works.
4 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 (‘InfoSoc’).
5 Lucie Guibault, 'Evaluating Directive 2001/29/EC in the light of the digital public domain' in Juan Carlos De
Martin & Mélanie Dulong de Rosnay (Eds.) The digital public domain: foundations for a n open culture (Open
Book Publishers, 2012), 68; Péter Mezei, 'Enter the matrix: the effect s of CJEU case law on linking and
streaming technologies' (2010) 11(10) Journal of Intellectual Property Law & Practice 7 81; Rainer Kuhlen,
'Copyright issues in the European Union: towards a science-and education-friendl y copyright' (KOPS, 2013)
accessed
30 March 2018, 1.

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