EU Court: Geenstijl committed copyright infringement for linking to Playboy pictures

Sep

8

2016

The European Court of Justice has ruled that linking to copyrighted content is no communication to the public. However, the court has some additional requirements, which Geenstijl is unsuccessful.

Playboy logo The European court in the case of Britt Dekker Playboy photographs of opinion that linking to copyrighted content that is put not a ‘communication to the public “online without permission. The right to publish the photos and multiply is by law reserved to the copyright holder. The Court thus broadly follows the Opinion of Advocate General Wathelet, which was in April published . However, the Court sets some requirements, so the linking party must not know in advance that the photos were unlawfully disclosed. there should be no profit to be present at placing the photos. This Geenstijl uneven get in this thing, because this object was present and because the site “was aware of the illegal nature of the publication.

The court therefore requires Geenstijl does indeed committed copyright infringement. The linking party may further be expected to “carry out the necessary investigations to ensure that illegal material is not published. The case between Sanoma and Geenstijl been running since 2011, when the last party left to put Playboy photographs of Britt Dekker. These photos were published without the permission of Sanoma on an Australian site. Geenstijl refused to remove links to the pictures, and Sanoma appealed to the Australian site. This removed the photographs well, which in turn were linked by Geenstijl through other means. These were eventually removed by the new site, then Geenstijl users put back broken links.

In an earlier ruling, known Svensson, the European Court had already determined that linking to copyrighted material does not constitute infringement. That case concerned the material that is put online with the permission of the owner, however, not be granted in the present case was authorized by Sanoma. The current ruling complements this rule by setting additional requirements.

Initially Sanoma court had given right, but this judgment was annulled by the Court. The Court found that the link does not infringe yield but that it may be unlawful. Then the case to the Supreme Court was because Geenstijl went to the Supreme Court. With today’s ruling gives the Court reply to the questions in the context of this case made by the Supreme Court. The highest Dutch court must then rule and it take the judgment of the European Court.

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