HYPERLINKS AND COPYRIGHT INFRINGEMENT

Extract

DOES the posting of a hyperlink to somebody else's work that has been uploaded onto the Internet infringe their copyright? Although dissenters did exist, most copyright lawyers long assumed that the answer to that question was an obvious “no”. In 2014, this nonchalant approach was rejected by the CJEU in Svensson (Case C-466/12, EU:C:2014:76) in favour of a more complex analysis. More recently, the CJEU's approach to hyperlinks has been further developed in GS Media (Case C-160/15, EU:C:2016:644).