Copyright law on the internet in need of reform: hyperlinks, online platforms and aggregators

Abstract

I was entrusted with the almost impossible task of outlining the need to revise substantive copyright law1. A veritably Herculean task, since the challenges posed by Web 2.0 are at least as varied as are the heads of the legendary Hydra. They range from the fair and equal treatment of user-generated content (within the context of the fair use doctrine at the European level?)2 via links, frames and the various activities of online platforms and aggregators, to more technically complex issues such as the cross-border portability of content subscribed to.3 Further, important aspects of necessary reform in the digital context include the adjustment of the exceptions and limitations to copyright as well as enforcement instruments4. The proposal for a consolidated exception for educational and academic purposes currently being debated in Germany as well as the respective recent proposals of the European Commission are examples in point for the high relevance of all these aspects.5