Tagged: Information Society Directive

Saving the Internet or linking limbo? CJEU clarifies legality of hyperlinking (C-160/15, GS Media v Sanoma)

By Bernd Justin Jütte

In a much awaited decision, the CJEU has ruled that linking to freely-available copyrighted content that has been uploaded without the consent of the right holder is, in principle, legal. However, it qualified that such a reference could infringe the right to communication to the public under Article 3(1) of the Information Society Directive (Directive 2001/29/EC) if certain elements were present. After AG Wathelet had provided his Opinion in early April (see post on this Blog here), the CJEU rendered its Judgement on 8 September 2016. Continue reading