An advocate general issued a differing opinion, but the European Court of Justice has decided that an individual putting a hyperlink on a website to illegally published works cannot be held legally responsible for violation of copyright.
This case (C-160/15) aims to answer a question relating to all internet users – whether the fact of putting a hyperlink on a website that sends people to another site where copyright-violating photos are found amounts to violation of copyright.
The importance of the issue was highlighted by advocate general Melchior Wathelet in conclusions submitted to the Court of Justice in April (see EUROPE 11527). He conclude that an individual or company should never be held responsible for the creation of such a hyperlink so as not to hinder the development of the information society in Europe.
The Court of Justice issued a different ruling, stating that it considers that this responsibility needs to be viewed differently. In the ruling, it states that the responsibility should be verified by the competent authorities. This particularly concerns cases where the placing of a hyperlink was done for profit. In such cases, it would be fair to assume that the individual knew that publication of the work was illegal, argues the Court.
The responsibility of the person who created the hyperlink could also apply when it is found that he or she was aware that the work was illegally published. The Court of Justice gave the example of a warning to the individual from the copyright holders. (Original version in French by Jan Kordys)