Case Focus: Hyperlinking And Embedding Of Content

The CJEU judgment in GS Media considers whether hyperlinking to freely accessible, but unauthorised content constitutes a "communication to the public" within the meaning of the Infosoc Directive, and therefore possible copyright infringement.

Two cases from 2014 have helped to shape the law in this area: Svensson held that a website which hyperlinked to protected works that were freely available online (i.e. could be accessed by anyone using the Internet) did not infringe copyright in the works. In Bestwater, a website that embedded copyright protected content in its website by framing technology was not deemed to be copyright infringement for similar reasoning to Svensson - because the content was freely available. The CJEU ruled that unless the original publisher used technical access restrictions, embedded content would not reach the requisite "new public". The cases left open the situation, however, where the author had not approved his work to be put online in