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Tag Archives: Svensson

Posted in Copyright Dr. Nils Rauer

German Federal Court rules on Google’s Image Search – Thumbnails III

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name “Vorschaubilder III” (“Thumbnail III“). And, it is already to be anticipated that it will leave both experts and … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils RauerPenny ThorntonEva Vonau

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15Filmspeler) that the sale of a multimedia player with pre-installed add-ons that contained links to illegal streaming websites constitutes a copyright infringement. At the same time, … Continue Reading

Posted in Copyright Dr. Nils RauerEva VonauDiana Ettig

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments.

On 7 April 2016, it was for … Continue Reading

Posted in Copyright Win Yan Lam

Dutch Supreme Court & CJEU: When do hyperlinks constitute copyright infringement? GeenStijl v. Sanoma

The Dutch Supreme Court referred to the CJEU a question as to whether it is relevant that a work that a hyperlink directs to has been placed online without the copyright owner’s consent; the decision provides further analysis of Svensson and BestWater.

Read or summary of the issues raised here.

First published in May-June issue of E-Commerce Law ReportsContinue Reading

Posted in Copyright, e-commerce, Entertainment & Content, Internet Dr. Nils RauerAlastair ShawPenny Thornton

Court of Justice rules that hyperlinking does not infringe EU copyright law – provided link is to content freely and lawfully available online.

The Court of Justice of the European Union ruled today on the lawfulness or otherwise of using hyperlinks to copyright works published by others online.  The CJEU has answered questions on EU copyright law under the Infosoc Directive (2001/29) referred to it by the Svea Court of Appeal in Sweden in a case concerning paid-for links produced for its subscribers … Continue Reading