The Implications of GS Media v. Sanoma Media Netherlands’ ‘New Public’ on Digital Distance Learning A comparative analysis of the UK’s and Portugal’s implementation of the InfoSoc Directive’s Art.3(1) Communication to the Public Right and Art.5(3)(a) Teaching Exception

The internet is a borderless arena of information; its modes of information dissemination are 'evolutionary' in nature and utilised by end-users who rely on service providers to provide the information. Governance of information uploaded to the internet is underpinned by copyright law's 'balancing of interests' paradigm; between rightsholders and the public. In this context, the Infosoc Directive's topical Article 3(1) - communication to the public right - when applied to digital distance learning ('DDL') is a multifaceted debate. Utilising GS Media v. Sanoma's “new public” test, this paper critiques two core areas of contention within discourses relating to copyright's paradigm. First, the scope of Article 3(1)'s protection of rightsholders interests. Second, the scope of educators’ ability to digitally disseminate knowledge for educational purposes under the Infosoc Directive's Article 5(3)(a) teaching exception. This paper examines implementation of Articles 3(1) and 5(3)(a) into UK copyright law; comparative to Portugal's copyright regime. The paper argues that GS Media's expansion of Article 3(1) Infosoc Directive contributed to blurring the contours of copyright's balancing interests further in favour of rightsholders - complicating access to knowledge in online education contexts.