Commentary

40.5.9 Hyperlinks and framing—the Svensson, BestWater and C More Entertainment cases in the CJEU

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

40.5.9 Hyperlinks and framing—the Svensson, BestWater and C More Entertainment cases in the CJEU

| Commentary

40.5.9 Hyperlinks and framing—the Svensson, BestWater and C More Entertainment cases in the CJEU

The High Court pointed out when giving judgment in Paramount Home Entertainment International Ltd v British Sky Broadcasting Ltd1 that there were a number of outstanding references to the CJEU relevant to the question of whether providing a hyperlink on a website to a copyright work on another website amounts to a communication of that work to the public. One of the cases was Nils Svensson v Retriever Sverige AB2. The claimants were journalists who wrote articles published in the Göteborgs-Posten newspaper and on the Göteborgs-Posten website. Retriever Sverige operates a website that provides its clients, according to their needs, with lists of clickable Internet links to articles published by

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