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ARTICLE · 01 AUGUST 2014

ECJ: Internet Browsing Does Not Amount To Copyright Infringement

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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On 5 June 2014, the ECJ held that browsing websites without first obtaining the authorisation from the copyright holder does not infringe copyright.

European UnionIntellectual Property
Van Bael Bellis
Van Bael Bellis
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On 5 June 2014, the Court of Justice of the European Union (the "ECJ") held that browsing websites without first obtaining the authorisation from the copyright holder does not infringe copyright.

The copyright issue was raised by publishers in the United Kingdom regarding temporary copies of websites generated by an end-user on the Internet while browsing.

When viewing a website, users make a copy of the website that is displayed on their computer screen (the "on-screen copies") and in the Internet cache of the computer's hard disk (the "cached copies"). The ECJ was asked to decide whether these reproductions could benefit from the exemption from the obligation to obtain authorisation from the copyright holders provided for in Article 5(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (the "Copyright Directive").

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