UK court defers to EU law in post-Brexit ‘hyperlinks’ case
Helpful table clarifies web linking after Bild-Kunst
Lawyers unpack ‘seminal’ Bild-Kunst copyright ruling on website linking
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The much-anticipated ruling in Bild-Kunst diverged from an Advocate General’s opinion, and could herald a sea change for copyright owners. Cristina Creţu and Flavia Ștefura of Maravela, Popescu & Asociații report.
The ruling in VG Bild-Kunst v Stiftung Preußischer Kulturbesitz was not unexpected in terms of outcome. But it was interesting to see that the Court of Justice of the European Union’s (CJEU) reasoning diverged under certain aspects from the one proposed by Advocate General (AG) Maciej Szpunar in his opinion delivered in October last year, namely:
Additional complementary criteria must be assessed on a case by case basis.
The court reasoned that framing does fulfil the condition of giving access to a protected work, “provided the technical means used by the technique of framing are the same as those previously used to communicate the protected work to the public on the original website, namely the Internet, that communication does not satisfy the condition of being made to a new public and, since that communication accordingly does not fall within the scope of a communication ‘to the public’”.
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CJEU, Bild-Kunst, copyright, website links, framing, Maravela, Popescu & Asociații, Maciej Szpunar