Making available, communication to the public and linking measures: the ALAI's view

The following is a short explanation by Victor Nabhan, President of ALAI, which provides some background to that organisation's recent and highly-publicised pronouncement on a matter of acute importance both to the intellectual property community and beyond it:

"The International Literary and Artistic Association (ALAI) is an independent learned society dedicated to studying and discussing legal issues raised by literary and artistic property in the modern world. ALAI’s membership brings together eminent copyright scholars and practitioners. Its Executive Committee holds meetings twice a year and deals with topical issues at each of them. At its meeting in March 2013 the Committee decided to form a study group to analyse the rights of making available to the public and communication to the public with particular reference to linking techniques. The Study Group’s Report and Opinion were unanimously approved by the Executive Committee at its meeting in Cartagena, Colombia, on 16 September 2013.

The Report and Opinion were worked out recognizing that the use of linking techniques, be it hypertext links or inline links, is prominent in almost any Internet activity, thus fundamental for the well-functioning of the web environment. Just as important is the fact that links may be used for addressing protected works and related subject matter to the public. The Report and Opinion is therefore built on a need to clarify how and to what extent linking measures may be embraced by the fundamental making available or communication to the public rights".

The ALAI's  Report and Opinion on the making available and communication to the public in the internet environment – focus on linking techniques on the Internet can be read in full here

JIPLP proposes to follow closely the judicial and legislative developments that attend this subject and welcomes Current Intelligence notes and articles that discuss their many legal, economic and practical ramifications. Submissions from all sectors of industry and commerce are welcome.