One such case, referred to the CJEU by Sweden’s Court of Appeal, is of particular interest to Internet users as it concerns the very mechanism that holds the web together.
The dispute centers on a company called Retriever Sverige AB, an Internet-based subscription service that indexes links to articles that can be found elsewhere online for free.
The problem came when Retriever published links to articles published on a newspaper’s website that were written by Swedish journalists. The company felt that it did not have to compensate the journalists for simply linking to their articles, nor did it believe that embedding them within its site amounted to copyright infringement.
The journalists, on the other hand, felt that by linking to their articles Retriever had “communicated” their works to the public without permission. In the belief they should be paid, the journalists took their case to the Stockholm District Court. They lost their case in 2010 and decided to take the case to appeal. From there the Svea Court of Appeal sought advice from the EU Court.
Today the Court of Justice published its lengthy decision and it’s largely good news for the Internet.
Gonzalo San Gil, PhD. on 10 Jun 16"01 DYSFUNCTIONAL & NOT FIT FOR THE DIGITAL WORLD Copyright reform is needed to adapt to the digital world we live in. Under the current system everything tends to fall under copyright unless it is covered by a specific exception in the law. The trouble is that these exceptions are narrow, specific and technologically outdated: the list was written in 2001! This was well before YouTube and Facebook were created. As a result, everyday habits of online users could be considered illegal today. A blogger linking to copyrighted content, a meme based on a copyrighted image, a video with some footage from an existing movie or a song: all of that could create issues for the user that posted them."
