Linking after VG Bild-Kunst ... in a table
A week ago, The IPKat reported and commented on the important decision of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst , C-392/19. In that judgment, the CJEU admitted the possibility for rightholders to restrict linking by contract , provided that any such restrictions are imposed and/or implemented through the adoption of effective technological measures, in accordance with Article 6(1) and (3) of the InfoSoc Directive . According to the CJEU, this requirement - which, as I wrote, might raise questions of compatibility with the no formalities rule in the Berne Convention - is prompted by the need to "ensure legal certainty and the smooth functioning of the internet". Readers may be aware that, over the past few years, I have developed IP and study aid materials (they can all be accessed here ) primarily aimed at my students. Among them, there was a table - first publ...