![]() ![]() Here, the court ruled that if a link (note it doesn't even have to be embedded/hotlinked) is posted by a for-profit site, that site is expected to have done its due diligence to ensure the linked content is hosted legally. GS Media, Case C-160/15, is the controlling case. When content is not hosted with authorization, the situation is quite a bit more nuanced. This means that Pirate Site is not infringing on communication to the public rights (it is also not creating a copy itself, so is not breaking Article 2) ( IPKat reference). In BestWater, Case C-348/13, the court ruled that embedding content was itself not a communication to the public when that content was hosted with rightsholder authorization, and so did not violate Article 3. This means that the visitor is not infringing copyright ( IPKat reference). In Meltwater, Case C-360/13, the court ruled that browser cache and on-screen copies fell under the temporary reproduction exception, Article 5(1) of the Copyright Directive. So the pirate isn't touching the data, and the visitor technically can't avoid breaking the law.ĭoes this paradox have a solution? Who is infringing the copyright here?Īccording to EU case law, everything in your scenario is legal except if Example Site is hosting the image without authorization and Pirate Site is a for-profit site, then Pirate Site is presumed to be violating Article 3 of the Copyright Directive on communication to the public (in this scenario, Example Site is also trivially violating Article 2 on the right to reproduction). To avoid infringement, the visitor would have to open the source code before the browser executes it, check all the code, check who the copyright holders are, and make sure no copyrighted material will be downloaded when the web page is opened. ![]() We apparently have a paradox where the real "pirate" (the owner of Pirate Site) isn't even touching any copyrighted data in any way, but on the other hand the one who is actually processing the copyrighted material (the visitor) cannot avoid it.
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