New CJEU reference on linking and streaming
by Pedro Malaquias
The copyright issues surrounding linking are from over despite (or as a result of?) CJEU’s decision in Svensson (for my take on it, see here). Additional clarifications are now expected as the Midden-Nederland District Court (Netherlands) referred to the Court of Justice of the European Union (CJEU) the following two questions:
1) ‘Must Article 3(1) of the InfoSoc Directive be interpreted to mean that “an act of communication to the public” within the meaning of that provision occurs if someone sells a product on which he has installed add-ons that contain hyperlinks to websites on which direct access is provided to copyright-protected works such as films, series and live broadcasts without the rightholders’ consent?