©-LAW

Readers may remember that a few months ago I  published  a table that I had prepared for my students at the University of Southampton, attempting to summarise the position of the Court of Justice of the European Union as regards linking to protected content. Further to this week's  GS Media   decision   [ here  and  here ] , here's an updated version of my 'linking table'  [check out also this useful  tool  prepared and shared by Martin Husovec the same day of the  GS Media  decision] : [Originally published on The IPKat on 10 September 2016]

As  r eported  in this morning's (super-)breaking news post, the Court of Justice of  the  European Uni on (CJEU) has finally issued its  decision  in  GS Media , C-160/15. The Court held that  Article 3(1) of the  InfoSoc Directive  "must be interpreted as meaning that, in order to establish whether the fact of posting, on a website, hyperlinks to protected works, which are freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of that provision, it is to be determined whether those links are provided without the pursuit of financial gain by a person who did not know or could not reasonably have known the illegal nature of the publication of those works on that other website or whether, on the contrary, those links are provided for such a purpose, a situation in which that knowledge must be presumed." In other words, the provision of a hyper...