A week ago, The IPKat reported and commented on the important decision of the Grand Chamber of the Court of Justice of the European Union (CJEU) in VG Bild-Kunst, C-392/19.
In that judgment, the CJEU admitted the possibility for rightholders to restrict linking by contract, provided that any such restrictions are imposed and/or implemented through the adoption of effective technological measures, in accordance with Article 6(1) and (3) of the InfoSoc Directive.
According to the CJEU, this requirement - which, as I wrote, might raise questions of compatibility with the no formalities rule in the Berne Convention - is prompted by the need to "ensure legal certainty and the smooth functioning of the internet".
Readers may be aware that, over the past few years, I have developed IP and study aid materials (they can all be accessed here) primarily aimed at my students. Among them, there was a table - first published on The IPKat here - summarising the treatment of linking after the seminal CJEU decision in GS Media [Katposts here].
I have now updated that table so to include the findings in VG Bild-Kunst. To this end, I have added a column on contractual restrictions on linking. The table is obviously a simplified summary of CJEU decisions on linking, but hopefully will serve to give an introductory and easily understandable picture of what the law on linking is under EU copyright.
The new table, which is licensed under a CC-BY-NC Creative Commons licence, can be downloaded from here and is also reproduced below.
I hope that readers will find it useful.
Reviewed by Eleonora Rosati
on
Tuesday, March 16, 2021
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