Tag: hyperlinks

When hyperlinks infringe copyright: Svensson v Retriever SverigeWhen hyperlinks infringe copyright: Svensson v Retriever Sverige



Earlier today, the CJEU released an important decision on whether the making available right gives copyright holders a right to authorize the use of hyperlinks to copyright content. In Case C-466/12 Svensson v Retriever Sverige AB, (13 February 2014) the CJEU ruled that an ordinary “clickable” hyperlink makes a work available to the public. However, if the link is to a publically available portion of a website used by the rights holder to make work available to the same public as the link, it is not made available to a new public and the right is not infringed.…