An Empirical Study on Determination of Copyright Infringement by Deep Links:A Perspective of the New Public Test in EU Copyright Law
The issue of whether creating deep links constitutes a direct infringement on the right of communication of works via information networks is still unsolved.The server test and tests opposite to it are proposed by the existing literature.Comparatively,the EU seems to adopt a test based on a fundamentally different logic.However,an empirical study based on 140 cases held by Chinese courts reveals that:As for those linked-to works that do not infringe copyright,the emergence of a new public has a significant impact on decision outcome regarding direct infringement;as for those non-infringing linked-to works,the guiding principle still complies with the logic of the new public test.The implicit consistency with the EU new public test as presented by the Chinese judiciary authorities indicates judicial wisdom and rationality.Therefore,the new public test should serve as the standard for determining an infringement arising from the creation of deep links.
framing linkright of communication of works via information networksnew public testserver testdirect infringementan empirical legal study
NETL
NSTL
万方数据
