EU DIGITAL COPYRIGHT E SOCIAL NETWORK

Social networks are the latest mutation of the Internet. They have changed the online use of information and led to the “disintermediation” of cultural contents, thus causing a radical revolution of the Internet through a social participation in the web. This paper has attempted to analyze the relationship between copyright and social networks in Europe by investigating three different aspects connected to each other: (i) the applicability of exceptions and limitations to copyright in the social network environment; (ii) the regulation of hyperlinks to copyrighted contents; and (iii) the liability regime of internet service providers. This investigation is aimed at verifying if a balance exists among the following needs: (i) free access to information and culture in the Internet (particularly in the social networks environment); (ii) creation of new Internet services; and (iii) online protection of copyrighted works. With regard to exceptions and limitations to copyright and their applicability in the social network environment, the InfoSoc Directive introduced at Community level a “closed” system of exceptions and limitations. These exceptions appear to be obsolete and unable to adapt to innovations and new online uses. In particular this paper analyzes, through a broad examination of the EU case law, the only two exceptions which seem to have a limited online application: the quotation right and parody. In relation to hyperlinks, as far as copyright is concerned, linking may raise critical issues under different circumstances. Starting from the analysis of two recent decisions of the ECJ (Svensson and BestWater) this paper investigates how hyperlinks to copyrighted contents shall be considered and whether they may constitute copyright infringement (i.e., an unauthorized act of communication to the public). Finally, the third part of this paper will analyze the evolution of the EU case law about ISP liability regime, its applicability to social networks, and the relationship with exceptions and limitations, in order to understand whether European courts have reached a balanced application of these principles.