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- In Svensson, the ECJ held that the provision of hyperlinks does "make available" a copyright work to the public and is an act of communication. Therefore, where a work was already freely available on the internet, infringement would only arise when a hyperlink made it available to a "new public".
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How does linking to copyright work?
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does an internet user clicking on a link to an authorised copyright work infringe the reproduction right by making an infringing copy of the copyright work? Does linking amount to a “communication to the public” requiring a copyright holder’s consent?
Website owners are now free to link to copyright material on third-party websites as long as the material is freely available and accessible on those other websites, following a significant European Court of Justice decision.
In copyright law, the legal status of hyperlinking (also termed " linking ") and that of framing concern how courts address two different but related Web technologies. In large part, the legal issues concern use of these technologies to create or facilitate public access to proprietary media content — such as portions of commercial websites.
- The General Principle – Freedom of The Internet
- What Does “Freely Available” Mean?
- What Is The Position Where Aggregators Link on A Grand Scale?
- What Next?
A string of European Court of Justice (CJEU) cases (including Svensson) establish that once a copyright holder has made their work freely available on the internet, third parties may link to it or frame it without the copyright holder’s permission. Previous cases also establish that permission is required if the link circumvents technical measures ...
In Sky v Reddit, Sky was successful in obtaining an interim interdict against a user who it alleged had made available hyperlinks to its Art Channel programmes on his Reddit platforms. As the Art Channel programmes were free to air, he argued (among other things) that he was free to link to them. However, the Court of Session (Lady Wolffe) disagree...
The case of Warner Music and Sony Music v TuneIninvolved internet radio aggregator TuneIn, which provided UK listeners with links to internet radio stations based both in the UK and elsewhere. Warner and Sony argued that TuneIn needed a licence from them in respect of music played via its service. TuneIn argued that it was free to link to the conte...
The question of when linking requires permission is a controversial issue the law on which is still developing both at the EU and the UK level. Both these UK cases bolster the copyright holder’s ability to control the practice of linking. The Sky case indicates that even a basic registration process may enable the copyright holder to oppose linking...
How copyright protects your work. Copyright prevents people from: copying your work. distributing copies of it, whether free of charge or for sale. renting or lending copies of your work....
Sep 9, 2024 · Linking to Copyrighted Materials. If you publish your work online, you are already in the practice of using links to enhance your content. The Web's basic architecture relies heavily on the ability of webpages to link to other pages to allow natural navigation between related content.
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