ARTICLE · 01 APRIL 2021

Website Framing Of Copyright Works - Can This Be Restricted?

Stevens & Bolton

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Licensees can be required to implement technical measures under contractual arrangements in order to prevent infringement.

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On 9 March 2021, the European Court of Justice (CJEU) ruled on the latest case concerning the boundaries of the "communication to the public" right in the online environment.¹ The decision clarifies that:

Embedding copyright works on third party websites by means of "framing" can constitute an infringing communication where this circumvents restrictions
Licensees can be required to implement technical measures under contractual arrangements in order to prevent infringement.

Background

The dispute involved SPK, the operator of a digital library devoted to culture and knowledge, and VG Bild-Kunst (VGB), a German visual arts copyright collecting society.

The parties had been negotiating a licence agreement to enable SPK to display thumbnail images of VGB's catalogue of works on its website. VGB claimed that this licence agreement should include an obligation on SPK to implement effective technological measures against the framing by third parties of the

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