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- Title
COMENTARIO A LA SENTENCIA DEL TRIBUNAL DE JUSTICIA DE LA UNIÓN EUROPEA EN EL CASO SVENSSON: SOBRE LA NATURALEZA JURÍDICA DE LOS ENLACES A OBRAS PROTEGIDAS POR DERECHOS DE AUTOR.
- Authors
DE LA IGLESIA ANDRÉS, MIGUEL
- Abstract
The provision on a website of clickable links to copyright works available on another website must be considered to be «making available», and, therefore, an act of communication. That notwithstanding, such conduct only constitutes an «act of communication to the public» within the meaning of Article 3(1) of Directive 2001/29 if the works in question are communicated to a «new public», not taken into account by the copyright holders when they authorised the initial communication. If there is no new public, the authorisation of the copyright holders is not required. This is the legal doctrine that comes out of the Judgment of the European Court of Justice of February 13, 2014, in response to requests for preliminary ruling submitted by a Swedish court. This Judgement partially resolves the debate on the legal nature of links to works protected by copyright. However, there remain open issues that will likely be solved in future judgements of the European Court of Justice.
- Subjects
INTERNET &; copyright; HYPERLINKS; RETRIEVER Sverige AB; SVENSSON, Nils; PUBLIC communication; COURT of Justice of the European Union; ACTIONS &; defenses (Law); LAW
- Publication
Actualidad Jurídica (1578-956X), 2014, Issue 37, p123
- ISSN
1578-956X
- Publication type
Article