The “Filmspeler” ruling is the last stone in the CJEU’s complex construction on the application of the concept of communication to the public in hyperlinking. Starting with the seminal Svensson case…
The CJEU considered that where the operator of a rehabilitation centre installs television sets at its premises, to which it transmits a broadcast signal thereby enabling patients to view television…
The CJEU has recently ruled on yet another case seeking to determine the meaning of ‘communication to the public’, this time in the context of broadcasting television to patients in a rehabilitation…
1. Introduction
The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet…
A. Introduction and Background
In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not.
The interpretation…
On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian…
Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”)
The CJEU confirmed in Svensson that linking to content may be a public communication where…
Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it…
“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links”
The long-awaited judgment of the…
