EU Court: Embedding Content Is Not Copyright Infringement

[Tataffe]

Source

Source 2 (German)
 
This is from Oct 25, yet has not been posted here.

 

The Court of Justice of the European Union handed down a landmark verdict this week. The Court ruled that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission. [...]

 

This week the Court of Justice issued a landmark ruling on one such case that deals with a crucial and integral part of today’s Internet. Is it legal to embed copyrighted content without permission from the rightsholder?

 

The case in question was referred to EU’s Court of Justice by a German court. It deals with a dispute between the water filtering company BestWater International and two men who work as independent commercial agents for a competitor. Bestwater accused the men of embedding one of their promotional videos, which was available on YouTube without the company’s permission. The video was embedded on the personal website of the two through a frame, as is usual with YouTube videos. While EU law is clear on most piracy issues, the copyright directive says very little about embedding copyrighted works. The Court of Justice, however, now argues that embedding is not copyright infringement. [...]

 

The Court argues that embedding a file or video is not a breach of creator’s copyrights under European law, as long as it’s not altered or communicated to a new public. In the current case, the video was already available on YouTube so embedding it is not seen as a new communication. “The embedding in a website of a protected work which is publicly accessible on another website by means of a link using the framing technology [...] does not by itself constitute communication to the public within the meaning of the EU Copyright directive to the extent that the relevant work is neither communicated to a new public nor by using a specific technical means different from that used for the original communication,” the Court’s verdict reads. The Court based its verdict on an earlier decision [...] where it found that hyperlinking to a previously published work is not copyright infringement. Together, both cases will have a major impact on future copyright cases in the EU.

 

For Internet users it means that they are protected from liability if they embed copyrighted videos or images from other websites, for example. In addition, it may also protect streaming sites who use third-party services to embed videos, even if the source is an infringing copy. During the days to come the Court of Justice is expected to issue official translations of the ruling as well as a press release. [...]

 

This is one fine verdict. As long as a piece of content (be it a video, image or any other copyrighted material) is publicly available on the web, embedding it somewhere else (even in a different context!) is not copyright infringement. I assume that this is mainly important for lay webmasters, who do not dive into copyright details. Measurements against having material taken out of context can now definitely only be taken by providing necessary information in the piece of material itself (watermarks or opening credits for instance). Or by taking it down.

[AlwaysFSX]

Well this is good. "you linked to a torrent of ---------... BAAAAAAAANHAMMAAAAAAAAAAAR!" no more

[LemonSpice]

Great finally a government not being retarted

[xox]

Probs will be rejected by Davey C in his new "bill of rights" coz UKIP is all up in his grill

[Kamil]

Wow, it's almost like somebody who makes decisions actually understands the internet.

[Syntaxvgm]

This is basic shit...

so you'd think.

WMG used to send cease and desist letters to forums where users linked to youtube videos, even official ones, or even TALKED about copyrighted music.

[Kameegaming]

This is basic shit...

so you'd think.

WMG used to send cease and desist letters to forums where users linked to youtube videos, even official ones, or even TALKED about copyrighted music.

with all these internet highways ans stuff going on in the USA, I always wonder how come the government aren't burning yet, that would be the case here in Europe.

Although It hasn't happened in Budapest this time, because the government gave in quickly.

[Opsilon]

This is nice, but there is one problem guys

 

EU court of Justice is an international court and decisions made there do not affect the entire world, and it can also be against the legal system in some countries.

The bigger problem is that the US uses a different legal system than most of Europe. This decision is not even something very new since European countries have different copyright laws, there is no single law for the entire Europe so some countries may have even less restrictions in that area.

 

For us Europeans this is fine, but you guys in the North America have it rough, and this will do next to nothing for you, at least right now, more worldwide judicial decisions might actually force the US law makers to adapt, but i would not hold my breath waiting for it...

 

This is a victory for the science of law, because we are getting answers for questions that are asked quite often, but only now we have major world legal system giving it's oppinion, the more systems accept this the better for everyone in the long run, less patent trolls, etc...

[Syntaxvgm]

with all these internet highways ans stuff going on in the USA, I always wonder how come the government aren't burning yet, that would be the case here in Europe.

Although It hasn't happened in Budapest this time, because the government gave in quickly.

Because no one really cares here in America. It's non-existent in political hot-button issues and debates. 

[qwertywarrior]

OMG

look people

its common sense

[bob345]

And then here in the us, the complete opposite kind of thing is happening. All people care about in the us are celebrity scandals and everything else that isn't important it seems like.

[Syntaxvgm]

And then here in the us, the complete opposite kind of thing is happening. All people care about in the us are celebrity scandals and everything else that isn't important it seems like.

People are worried about ISIL sending ebola to America through illegal Mexicans. Yah know, the logical thing to be worried about. 

[bob345]

People are worried about ISIL sending ebola to America through illegal Mexicans. Yah know, the logical thing to be worried about. 

I have lost all faith in society....

[IdortMasterRace]

Probs will be rejected by Davey C in his new "bill of rights" coz UKIP is all up in his grill

 

Doesn't matter what Cameron says, because we don't make our own laws, some nobody in Brussels does.

 

Not to say that I don't agree with this law - I do - but still.

[Misanthrope]

This is basic shit...

 

It should be, but the copyright system is so counter intuitive and stupid nothing about it is basic.

[Trik'Stari]

OMG

look people

its common sense

Take a picture, quick! before it escapes!