Advocate General Szpunar’s Opinion: the embedding in a webpage of works from other websites by means of automatic links requires the authorisation of the holder of the rights in those works

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According to the Advocate General Szpunar Opinion in Case C-392/19 VG Bild-Kunst v Stiftung Preußischer Kulturbesitz, released on September 10, 2020, the embedding in a webpage of works from other websites by means of automatic links (inline linking) requires the authorisation of the holder of the rights in those works. However, embedding by means of clickable links using the framing technique does not require such authorisation, which is deemed to have been given by the rightholder when the work was initially made available. The same applies even where that embedding circumvents technological protection measures against framing adopted or imposed by the rightholder.

The official press release is available at the following link.

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