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The Svensson case and the act of communication to a new public

Patricia mariscal“In other words, the initial communication by the copyright holder already encompassed the potential public that subsequently accessed the content via the links”


The long-awaited judgment of the CJEU in the Svensson case, judgment of 13 February 2013 in (C-466/12).

The legal definition of internet links has been a widely-discussed subject in recent times, pitting those who consider links an act of communication to the public within the meaning of article 3.1 of Directive 2011/29/EC (Directive of the Information Society) against those who, on equally justifiable grounds, argue that the creation of internet links does not, strictly speaking, constitute an act of communication to the publi [...]

Google: “We made history in a very good way for the citizens of France.”

Christina Angelopoulos“Yet, in contrast to the legislative measures that had been previously contemplated, this deal is only of a stand-alone character and will not affect the situation of smaller aggregators.”

A while back we reported on the clash between search giant Google and media organisations in, among other countries, France over the former’s news aggregating service Google News. French publishing associations have been demanding the introduction of a ‘snippeting right’ in France which would oblige content aggregators to obtain a license, and thus share revenue, for the privilege of display links to their articles. The underlying idea is that those who profit from the distribution of content sho [...]

A Greek premiere: Greek ISPs ordered to block access to infringing websites

“This finding could have been considered predictable, if it wasn’t for  a special provision in the Greek Constitution that safeguards participation in the information society.”

Is obliging ISPs to cut off internet access to specific copyright infringing websites compatible with the Greek Constitution? That is one of the main questions that were answered by the ruling of the District Court of Athens of May 16th, 2012.

Even if it is just a response in a demand for injunctions, this decision is important for two reasons. First, it places Greek jurisdiction among other jurisdictions that decided to impose specific technological measures on  a website that hosts or offers copyright infrin [...]

The Link Wars Rage on: France and Germany Consider Exclusive Right over Snippets

“According to the current formulation of the draft law, material quoted by humans for commentary and analysis, as opposed to that automatically selected by a computer, may be copied freely.”

The link wars have once again broken out in Europe. In August, the German cabinet gave its backing to a draft law allowing news publishers to collect compensation for the republication of headlines and the introductory sentences of articles by aggregators and search engines. Under the proposal, which would protect content for one year, news publishers would be able to license out snippeting rights for a royalty and start proceedings against those found to infringe their newfound neighbouring right. T [...]

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