Published on 17 August 2022
ABSTRACT: In the last decades, the manner in which we access, consume, and enjoy content has changed. The traditional way of availability of content was predetermined. In order to access content, one was required to be at a certain place at a specific time. For example, watching a favourite television series required that one is present in front of a television set at a certain predetermined time by the television broadcaster. Today, the content is available from a place and a time individually chosen by the end user and oftentimes accessed, consumed, and enjoyed over the internet. For example, today, one can watch a television series on Netflix from a place and a time individually chosen by them. Nevertheless, some content is not available on the internet. This is due to the fact that copyright rules – for online availability of content – are becoming more and more complex. The present article examines one part of the complexity of copyright rules – the introduction of the profit-making nature of the act that gives access to copyright protected content.
KEY WORDS: copyright infringement online, profit-making nature of the act, CJEU.
