techUK
 Printable version
|
European Advocate-General gives opinion on copyright implications for hyperlinks
CJEU Advocate-General Whatelet argued that hyperlinks in the GS Media case cannot be understood to be a ‘communication to the public’
Yesterday, the European Court of Justice Advocate-General Whatelet published an opinion on the CJEU GS Media case. The opinion states "the posting of a hyperlink to a website which published photos without authorisation does not in itself constitute a copyright infringement". Advocate-General Whatelet further argues "The motivation of the person who placed the hyperlink and the fact that this person knew or should have known that the initial communication of the photos on other sites was not authorised are not relevant".
The CJEU ‘GS Media case’ has become subject to wider political discussions as it addresses important questions on liability regarding copyright infringements on the internet, which techUK has previously commented on.
Commenting on the opinion, Charlotte Holloway, Asociate Director of Policy, techUK said:
"The Advocate-General's view is an important step in European approaches to the future of the web. The opinion that a hyperlink is not a communication to the public gives policy-makers a clear steer when developing new copyright proposals to protect the ability to hyperlink, thereby safeguarding the free and decentralised nature of the web. This lies at the heart of the internet's fundamental empowerment of citizens and users, enabling open exchange of views and underpining a free information society across Europe."
For more information view the full Advocate-General opinion.
