HYPERLINKS GIVING ACCESS TO PROTECTED WORKS, MADE ACCESSIBLE ON ANOTHER WEBSITE: JUDGMENT OF THE EUROPEAN COURT OF JUSTICE, SEPTEMBER 2016

According to the press announcement 92/16 of the Press and Media Services of the European Court of Justice related to the decision in the case C-160/15 GS Media BV v Sanoma Media Netherlands BV, placing a hyperlink giving access to protected works, made accessible on another website without the rightholder’s consent does not constitute a ‘communication to the public’ within the meaning of that provision, should 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 the contrary, should those hyperlinks are provided for pursuing of financial gain the knowledge of the illegal nature of the publication on another website must be presumed.

It should be noted that the Court in its decision, among others, emphasizes that the internet is in fact of particular importance to freedom of expression and of information, and that hyperlinks contribute to its sound operation as well as to the exchange of opinions and information. Furthermore, the Court recognizes that it may be difficult, in particular for individuals who wish to post such links, to ascertain whether website to which those links are expected to lead, provides access to works which are protected and, if necessary, whether the copyright holders of those works have consented to their posting on the internet. 

The full text of the European Court of Justice Decision has been published in the Greek language and other EU Member States’ languages at its website:

http://curia.europa.eu/juris/documents.jsf?num=C-160/15

Source: Press and Media Services of the European Court of Justice