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| Where it all started ... |
Is linking to unlicensed content a potential infringement of copyright?
Following the (controversial) decisions in Svensson [here and here] and BestWater [see here for my table summarising the current state of the art], we will know the answer on 8 September 2016, when the Court of Justice of the European Union (CJEU) issues its much-awaited decision in GS Media, C-160/15.
This is a reference for a preliminary ruling from the Dutch Supreme Court. It was made in the context of proceedings between Sanoma (the publisher of Playboy magazine) and GS Media, concerning the publication by the latter on a website that it operates (GeenSijl) of hyperlinks to other websites hosting unpublished photographs taken for a forthcoming issue of Playboy.
Litigation ensued before Dutch courts and eventually the Supreme Court decided to make a reference for a preliminary ruling to the CJEU, asking whether the provision of a hyperlink to a work made available on a certain website without the initial consent of the relevant rightholder and where it is freely accessible is to be regarded as an act of communication to the public.
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| Not to miss a second: already on the move to the event venue |
In his Opinion on 7 April 2016, Advocate General (AG) Wathelet answered in the negative, also holding that it is not important whether the person who posts on a website a hyperlink to another website on which copyright works are freely accessible to the public is or ought to be aware that the relevant rightholder has not authorised the initial communication. More generally, the AG suggested that linking should not fall within the scope of copyright protection.
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The IPKat is partnering with Bristows for a free rapid response event to be held on Tuesday 13 September at the London offices of Bristows.
Come join us and a panel of experts, to discuss the impact of the judgment on EU and UK copyright laws!
Here's the programme:
- 5:30 Registration
- 6:00 Panel discussion
- 7:30 Drinks and canapés
This rapid response event will provide a forum in which to discuss the implications of this important decision. The format will be that of an informal panel discussion, in which panelists and attendees alike will share their views.
Moderated by Mark Brown (Bristows), the panel will feature Aimee Nisbet (Hearst Corporation) Eleonora Rosati (University of Southampton and IPKat), Nicholas Saunders (Brick Court Chambers), and Theo Savvides (Bristows).
Click here to register!
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