Copyright Protection in the Digital Era: Hyperlinking and the Right of Communication to the Public. The GS Media Case

European Papers

Yole Tanghe¹ 

[1] KU Leuven Institute for European Law;

关键词: internal market;    intellectual property;    directive 2001/29;    copyright and related rights in the information society;    communication to the public;    hyperlinking;   

DOI  :  10.15166/2499-8249/89

来源: DOAJ

【 摘 要 】

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1215-1224 | European Forum Insight of 29 November 2016 | (Table of Contents) I. The concept "communication to the public" and hyperlinking. - II. AG Wathelet's criterion of "indispensability" of the intervention. - III. The CJEU's amalgam of criteria. - IV. Conclusion. | (Abstract) How to reconcile the free flow of information on the internet and copyright protection? That is the fundamental issue underlying the preliminary questions referred to the CJEU in the GS Media case. After Svensson and BestWater, this case again offered an opportunity for the Court to clarify how hyperlinks to works protected by a copyright should be treated under the EU copyright law framework. In these previous cases, the Court had already established that the provision of a hyperlink to a website where a work protected by a copyright was freely available with the consent of the copyright holder was not an infringement of EU copyright law. In GS Media, the CJEU had to decide whether the posting of a hyperlink to such a work published on a website without the authorisation of the copyright holder was an infringement of EU copyright law, in particular of the right of communication to the public, ensured by Art. 3, para. 1, of the Directive 2001/29, of certain aspects of copyright and related rights in the information society.

【 授权许可】

Unknown