Linking and framing: an infringement of copyright?

For a number of years, lawyers have debated the issue of whether it is an infringement of copyright to link to or frame online content owned by a third party. Finally, in February 2014, the Court of Justice of the European Union (CJEU) addressed the issue, which was referred to it in the Svensson & Ors v Retriever Sverige case. However, while the judgment is certainly helpful, it leaves a number of grey areas.

This paper will examine the current state of the law applicable to linking and framing, pursuant to the judgment in Svensson, and discuss where this leaves us and what issues remain to be determined.

Linking, i.e. hyperlinks and framing, have been defined as following…

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