header-logo header-logo

Clarity on hyperlink copyright clash

19 February 2014
Issue: 7595 / Categories: Legal News
printer mail-detail

Landmark European ruling in Svensson brings relief for IP lawyers

Intellectual property lawyers have breathed a sigh of relief following a European ruling that sharing hypertext links does not automatically infringe copyright.

In Svensson v Retriever Sverige C-466/12 on the interpretation of Art 3(1) of the Copyright Directive, the European Court of Justice clarified that sharing clickable links with third parties is not an infringement, as long as they do not circumvent paywalls or make the linked information available to a “new” public.

The case, which arose from a copyright dispute in Sweden between a newspaper and a website, concerned whether a hyperlink was “an act of communication to the public”, thereby falling within the copyright holder’s exclusive right and requiring their permission.

The court held that hyperlinks are indeed “an act of communication” but that the communication must be to a “new” public for liability to arise—one that was not the intended audience of the copyright holders at the time of the initial posting.

Tom Ohta, associate, Bristows, says the ruling that linking to “freely accessible” content would not infringe reflects a sensible approach; to have found otherwise could have had a “chilling” effect on the internet.

He adds: “What is significant is the clarification that a hyperlink can fall within the scope of the exclusive right. However, it is not yet clear how this ruling will apply to links to infringing content which are copied and passed on. Two pending judgments on linking and framing are expected later this year, which will hopefully give further clarity on this issue.”

Joshy Thomas, LexisPSL specialist in IP, says: “Content rich businesses where linking is key will be considering whether they now need the protection of more restrictive paywalls.  

“They may also consider whether there are choices to be made about, in certain limited cases, periodically disrupting access to make things more difficult for linkers, or controlling access through protection software. Those who are keen to monetise linking, including the use of embedded links to third party content, will be heartened by the decision.”

Susan Hall, IP specialist at Clarke Willmott, says: “This is a landmark decision and sets a clear protocol for the sharing of hyperlinks once and for all.”

 

Issue: 7595 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll