European Court of Justice C - 348 / 13
The European Court of Justice had to decide a question put to them by the German Federal Court whether the embedding, within one's own website, of another person's work made available to the public on a third-party website, constitutes communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC even where that other person's work is not thereby communicated to a new public and the communication of the work does not use a specific technical means which differs from that of the original communication. In short, does "Framing" constitute an infringement of copyright.
The Court referred to his previous decisions regarding online hyper links and found that linking does not constitute a "making available to the public" irrespective of which linking technique is used as long as the link leads to a website that is available to the public as a whole.
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