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ECJ: Framing - communication to the public

5 October 2021
ECJ: Framing - communication to the public

On 9 March 2021, the European Court of Justice (C 392/19) once again ruled on a question submitted by the German Federal Court of Justice on the subject of framing. This time, it had to be clarified whether the framing of a work that was available on a freely accessible website with the consent of the rightholder constitutes "communication to the public" if it is carried out by circumventing protective measures against framing that the rightholder has taken or caused to be taken. If thumbnails are embedded in a third party's website via framing, while circumventing the technical protection measures taken or arranged by the rightholder, this constitutes a communication to a new public, according to the Federal Court of Justice.

Jacqueline Bichler and Veronika Krickl have dealt with the ECJ decision in the latest issue of ZIIR (Zeitschrift für Informationsrecht).


Click here for the article - German only!

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