Acceso usuarios
This article analyses the Court of Justice of the European Union (CJEU) case law on the notion of “new public”. It does so in the context of the right of communication to the public in EU copyright law, with a focus on art.3(1) of the InfoSoc Directive. It investigates its origin, use and development, as well as the justifications given for such use. By identifying for the first time four distinct groups of case law, the analysis shows how the role of the “new public” has changed over time. If intended as a requirement, the “new public” creates undue complexity in the reasoning of the CJEU in most instances. While others have suggested that the CJEU should disregard this notion altogether, this article proposes a less radical way for the CJEU to “escape” the difficulties inherent in its own jurisprudence.
