![]() ![]() In those circumstances, there is no 'new public' for the purposes of the Copyright Directive The same applies even where that embedding by way of framing circumvents technological protection measures, because they restrict neither access to a work nor even the means of accessing it, but only a manner of displaying it on a screen.The embedding in a webpage of works from other websites by means of clickable links, using the framing technique, does not constitute a communication to the public, and therefore does not require authorisation.Stretching the theme (spoiler alert): think of the Millennium Falcon arriving in the Alderaan system after travelling through hyperspace with R2-D2 (who held the Empire’s IP) to escape the Imperial Star Destroyers around Tatooine.Īfter considering the case law, AG Spzunar advises the CJEU to rule that: The question for the CJEU, following referral by the German Supreme Court, is whether the embedding of a work – which is available on a freely accessible webpage with the consent of the copyright holder – in the webpage of a third party by way of framing constitutes a communication to the public of that work within the meaning of Article 3(1) of the EU Copyright Directive, where it occurs through circumvention of protection measures against framing taken by the copyright holder. SPK claimed this provision was unreasonable from a copyright law perspective. "Framing" divides a webpage into several parts, each of which may display the content of another webpage. Here, VG Bild-Kunst concluded a licence with SPK for the use of VG Bild-Kunst’s catalogue as thumbnails on SPK’s website, which was conditional on SPK employing effective technological measures against the framing by third parties of the thumbnails. Starting with Svensson v Retriever Sverige AB, ( Case C-466/12) in 2014, this case is the latest in which the CJEU is being asked to interpret the parameters of the copyright 'right of communication to the public of works'. The proceedings in question concern a dispute between Stiftung Preußischer Kulturbesitz (“ SPK”), which operates a digital library devoted to culture and knowledge, and Verwertungsgesellschaft Bild-Kunst (" VG Bild-Kunst" ), a copyright collecting society for the visual arts in Germany. Much like hyperlinks, which in a word or two can carry us from one webpage to the next through interminable cyberspace. Whether it is the hyperdrive or the warp drive, apparition or teleportation, certain kinds of fiction have always been obsessed with finding new and interesting ways to transport our imaginations from one place to another in as few words as possible. In a similar fashion, internet users can ‘travel’ through ‘cyberspace’ using hyperlinks”. But that may be about to change now that AG Szpunar has opened his recent Opinion in VG Bild-Kunst v Stiftung Preußischer Kulturbesitz ( Case C-392/19) with the analogy “ the heroes in Star Wars were able to travel through ‘hyperspace’ faster than the speed of light using a ‘hyperdrive’. ![]() The mention of Star Wars and copyright together often conjures to mind the well-known Stormtrooper helmet case. ![]()
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