Publication details
Framing
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | This entry covers framing, or inline linking, a technique of embedding content from an external website within another webpage via hyperlinks, effectively displaying the external content without requiring the user to navigate away. In EU copyright law, framing is treated as a sub-category of hyperlinking and falls under the "communication to the public" right, as established by the InfoSoc Directive. The CJEU has consistently ruled that the legality of framing depends on whether it addresses a "new public" not contemplated by the copyright holder when initially authorizing the content’s publication. If the framed content was freely accessible with authorization, framing does not infringe copyright. However, linking to unauthorized or restricted content, particularly when done for profit or with knowledge of infringement, constitutes communication to the public and requires the copyright holder's consent. Key cases such as Svensson, VG Bild-Kunst, and GS Media underscore the nuanced balance between protecting intellectual property rights and ensuring freedom of expression and access to information, with framing situated at the intersection of these competing interests. |