IP Law

Hyperlinks on websites as an infringement of copyright?

Terezie Vojtiskova

Category:

Articles

Region:

Czech Republic

Field of law:

IP Law, IP-Law, Internet law

Collection:

Conference proceedings IRIS 2019

Citation: Terezie Vojtiskova, Hyperlinks on websites as an infringement of copyright?, in: Jusletter IT 21. Februar 2019

This paper deals with the problematics of hyperlinks placed on websites that enable unauthorized access to copyright and related rights protected subject matters. The European Court of Justice has assessed in case GS Media BV v. Sanoma Media Netherlands BV and Others publishing of such hyperlinks as infringement of copyright if special conditions are met. The Czech Constitutional Court has judged its conclusion in decision-making practice by defining four possible approaches to assessing whether there has or has not been infringed upon authors rights or related rights.

Table of contents

1. Introduction
2. The CJEU – Case GS Media BV v. Sanoma Media Netherlands BV
- 2.1. The dispute in the main proceedings
- 2.2. Questions referred for a preliminary ruling
- 2.3. Legal context
- 2.4. Consideration of the referred questions
- 2.5. Summary of the case
3. Case-law in Germany
4. The Constitutional Court of Czech Republic – I. ÚS 578/15
5. Conclusion
6. References

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