Compliance » Link To A Pirate And You’re A Pirate, Says Europe High Court

Link To A Pirate And You’re A Pirate, Says Europe High Court

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September 15, 2016

The Court of Justice of the European Union (CJEU) has ruled that knowingly posting links to copyrighted material can under some circumstances constitute infringement. In the case of a for-profit enterprise, the court said, there is a rebuttable presumption that the posting is done with full knowledge of the “possible lack of the copyright holder’s consent to publication on the internet. In such circumstances, and in so far as that presumption is not rebutted, the act of posting a clickable link to a work illegally published on the internet constitutes a ‘communication to the public.’”

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