Copyright: hyperlinking and the right of communication to the public
By Paul Herbert
Linking is the practice of posting clickable links on the internet that lead to content posted elsewhere.
Under section 20 of the Copyright, Designs and Patents Act 1988 (CDPA), it is prohibited to communicate to the public by electronic transmission the whole or a substantial part of a work that is protected by copyright. This prohibition was introduced by article 3 of the EU’s Copyright Directive, implemented in the UK by the Copyright and Related Rights Regulations 2003.
Whether or not posting a link to somebody else’s work constitutes a communication of the work to the public so as to infringe section 20 of the CDPA was previously unclear. The point was dealt with in Svensson and others v Retriever Sverige AB by the Court of Justice of the European Union (CJEU) on 13 February 2014. The CJEU’s decision is binding on other EU national courts and tribunals…
Click on the link below to read the rest of the Goodman Derrick briefing.
News from Goodman Derrick
Briefings from Goodman Derrick
The High Court has considered whether the defendant indemnifier was liable under a contract of indemnity, when the claimant indemnified party had not yet paid out the sums owed to the creditor.
The amusing story of one ‘selfie’-obsessed macaque monkey has turned into a row that raises novel points of copyright law.
Analysis from The Lawyer
Active financial management is vital, but with firms looking more closely at the process of debt and fee collection, the personal touch still counts
The lure of the law can kick in at any stage of life. We speak to four individuals who have made a radical switch to a legal career