EUCJ to deal with linking and framing of copyrighted works

13.12.2012

A preliminary ruling from the EUCJ has been requested by the Svea hovrätt, one of the six Swedish Appeal Courts, in order to seek clarification as to whether a web operator incurs into a communication to the public accordingly to Article 3(1) of Directive 2001/29/EC or an infringement of exclusive rights, by linking to another websites containing a copyrighted work and/or by framing through to that work.

In particular, starting from the above main question, the Court is being asked to provide a solution to the following related problems, arisen in Case C-466/12 Svensson: whether restrictions imposed on the website access on its users may affect the matter, whether there should be a distinction between linking and framing and whether the Member States can extend the protection ensured pursuant to Article 3(1) of Directive 2001/29/EC to a wider range of acts than those contained thereof.

Thus, since this subject has been the object of a huge quantity of references received and decided by the CJEU in the last year and considering the heated discussion on the natural connection of links to the internet, the CJEU judgement is expected to be a landmark which will hopefully harmonize the meaning which has to be inferred by the notion of communication to the public.

Written by Valentina Torelli

Source:

http://ipkitten.blogspot.com.es/2012/11/is-clickable-link-communication-to.html                                          http://the1709blog.blogspot.com.es/2012/11/cjeu-to-consider-copyright-implications.html

Image: University of Reading



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