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Hyperlinks no infringement??

Written by Michael Coyle on 17 April 2016

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The law can be found by virtue of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society

Directive 2001/29 art.3(1) was to be interpreted as meaning that the posting of a hyperlink to a website which published photographs without authorisation did not constitute a "communication to the public" and thus copyright infringement and that the motivation of the person who placed the hyperlink and the fact that this person knew or should have known that the initial communication of the photos on other sites was not authorised were not relevant.

The original questions can be found here 


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