The CJEU has delivered the much anticipated judgement in the case C-160/15 GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Geertruida Dekker. The judgement provides that posting a hyperlink on a website which links to works protected by copyright, without the rightholder’s consent, would constitute a communication to the public. This results in a breach where is can be proved that the hyperlinks were provided for a profit (a ‘financial gain’). The CJEU went a step further to provide that ‘knowledge’ of the illegal publication should be presumed where a financial gain is proved.
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CJEU Judgement on Hyperlinking
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