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ECJ: Embedded video does not violate copyright

 

Who integrates a YouTube video by framing on its website, so that does not violate the copyright law, the European Court has ruled.

 

"Framende links", are embedded by the example YouTube videos to other sites does not infringe copyright. This was decided by the European Court of Justice (ECJ). It is not a case to the public within the meaning of Art. 3 para. 1 of the Directive on the information society, if they are not aimed at a new audience, the judges ( Case C-348/13 ).

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In the case which the Bundesgerichtshof (BGH) has submitted to the Court, it was a two-minute promotional film of a water filter manufacturer that has been set by a third party on YouTube. The water filter manufacturers sued sales representatives that work for the competition because it linked the video via framing on its website. The defendant had already issued a cease and desist letter, but did not want to pay any warning.

The Supreme Court had stayed the proceedings in order to clarify the ECJ whether it is in the case is not yet a 'public' is, for the framing technique, it enables the operator of a website to make a business as its own, without this, however, to copy to and thus fall within the scope of the rules on the reproduction right.

The ECJ now thought by embedding will opened no new audience, because the video was accessible to all Internet users already. The lawyers of the defendant mean ECJ decision is to be welcomed in terms of the power of freedom. He put also clear that the " frame ends links ", set the consumer social networks, do not violate the rights of copyright holders and thus can not be warned. ( anw )

 

 

RELATED ARTICLE

 

Go ahead, embed that YouTube video on your blog: Doing so doesn’t violate copyright laws, the European Court of Justice ruled this week, according to a heise.de report. The ruling came in response to a lawsuit initiated by BestWater, a German water filter producer that wanted to prevent one of its competitors from embedding a BestWater video ad on its website.

 

BestWater had already succeeded in getting the video removed, but also wanted the competitor to pay a fine — something that’s common in cases of copyright infringement in Germany. The other party declined to pay up, and the case made its way through the courts in Germany, all the way up to Europe’s highest court.

 

The issue in question was whether merely embedding a video published by someone else constitutes a public performance, which would need to be licensed by the copyright holder. The European Court has now said no, as long as the embedding doesn’t make the video available to new audiences. The water filter ad in question had already been available to the entire internet on YouTube, so merely embedding it didn’t make it available to audiences that previously didn’t have access — but one could imagine that the justices may have felt differently about a pirate video site embedding a video that wasn’t publicly listed anywhere else before.

 

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