Of availability, targeting and accessibility: online copyright infringements and jurisdiction in the EU

Abstract

This article explores some territoriality aspects related to copyright infringements occurring online. Faced with a cross-border exploitation of protected subject matter, the right holder will have to establish acts protected under copyright (right of making available to the public, reproduction right) and tie these to the territory of one or more Member States of the European Union. The localisation criteria operated will have an effect on jurisdiction. It will be examined in the applicable European legislation and CJEU decisions where acts protected under copyright are localised and how the jurisdiction of the national courts of the Member States is determined for online infringements. The article will conclude by suggesting how jurisdiction can be established, by reference to the localisation of the protected acts, in order to achieve a satisfactory treatment of an alleged online infringement of copyrights.