When embedding audio-visual content in web pages is copyright infringement
If you publish website content then you need to be careful before embedding third party images. The rights of a copyright owner are infringed if their work is communicated to the public without their permission.
If you publish website content then you need to be careful before embedding third party images.
The rights of a copyright owner are infringed if their work is communicated to the public without their permission. In the context of internet use, communicated to the public means making available the copyright work by electronic transmission so that members of the public may access it from a place and at a time individually chosen by them.
It is well established that once the owner of a work of copyright makes that work available on the internet, hyperlinking to that work is not copyright infringement. This is because the copyright owner has communicated the work to the public.
So, whilst normal hyperlinking to third-party web content that is freely available is a communication to the public, it is not a communication to a new public. This is the position in respect of hyperlinks which are ‘simple links’ or ‘deep links’. By normal hyperlinking, we mean that the URL (uniform resource locator) is identifiable to the web user. Linking works by the user activating the URL (by clicking). That link which contains the URL of the third-party content will direct the web user to the home page of the linked website (either by replacing the current web page or opening it in a new window). It may also direct the user to a specific web page or content within the linked website (without first navigating via the homepage). Uses in this way are generally permitted and is not an act of copyright infringement.
However, hyperlinking may also be done by a method commonly known as ‘framing.’ Framing is where one website is embedded in another website. Traditional ‘framing’ employs a technique which allows the screen to be divided or split into several parts, each of which can independently display a different webpage or internet resource. Framing in this traditional form is now obsolete but has been superseded by ‘inline framing’. An “inline frame” is where just one element of the website – such as an image – is embedded (and is not a screen splitting technique). A web user may not be clear as to the location (URL) of the inline link and will often appear as a normal part of the website hosting that inline link.
The CJEU’s Advocate General Szpunar1 has advised the CJEU to rule that inline framing of images and other copyright works is a communication to a new public. Therefore, it can be copyright infringement if there is no licence in place. However, applying technological measures (e.g. measures which prevent the link from working) to prevent the use of those works by traditional framing methods (e.g. screen splitting) does not make framing a communication to a new public and does not make it copyright infringement.
What this means for you:
Rightholders: Applying technological protection measures to your audio-visual content may not give you more legal rights. However, it is still worth doing to limit the unauthorised copying of your work. Combining these measures with written terms and conditions may give you a legal remedy against infringing use.
Web developers: Inline framing someone else’s audio-visual content is an infringement of copyright if you do not have a licence.
1Case C-392/19 VG Bild-Kunst v Stiftung Preuβischer Kulturbesitz
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Press Release
Browne Jacobson advises Hurricane Modular Commerce on multi-million venture debt facility
Legal Update
The space data revolution
Press Release
‘Privacy by design’ approach will help health and care organisations gain public trust in using technology as ICO publishes new guidance
Legal Update
Understanding the ICO's new fining guidance
Press Release
Browne Jacobson advises Bluprintx on its acquisition of Definitive Results
Legal Update
AI deep fake fraud exposed - five key lessons and how we need to respond
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Legal Update
Gatekeepers under the DMA – TikTok’s battle to have its designation revoked
Legal Update
Progress on the Automated Vehicles Bill
Legal Update
The rise of AI in construction
Press Release
Browne Jacobson advise Edit Agency on it’s acquisition of CustomerKIND
Legal Update
How to mitigate risk in disputes arising from AI use in technology projects
On-Demand
Copyright issues with AI webinar
Press Release
Browne Jacobson advises NTT DATA on its acquisition of Sapphire
Press Release
Browne Jacobson advises on the acquisition of Dynamic Networks
Press Release
Browne Jacobson advise Platform Housing on landmark deal, creating over 300 affordable and sustainable homes
Legal Update
A new digital safe space – How does the EU Digital Services Act affect insurers?
Legal Update
The future of autonomous technology - August 2023
Podcast
The real estate podcast: How AI and tech is changing real estate
Published Article
UK: Legal issues with deepfakes
Published Article
Digital channels and healthcare apps – the UK’s regulatory landscape, challenges for stakeholders and risk of clinical liabilities
Legal Update
The AI product boom: risks and opportunities for insurers
Opinion
NHS announces artificial intelligence fund
On-Demand
'Autonomous vehicles: what the future holds' on-demand
Press Release
Browne Jacobson advise Management on One Equity Partners’ significant investment into digital media group MSQ
Press Release
Browne Jacobson welcomes former ICO lawyer to support growing UK&I data privacy and tech practice
Press Release
Browne Jacobson advises privacy-first ad tech company Covatic on Series A investment led by Manchester based Praetura Ventures
Legal Update
AI modelling biases in quote engines
Press Release
Browne Jacobson advise on strategic sale of cybersecurity firm Nowcomm
Legal Update
Government to expand network and information systems regulations
Press Release
Browne Jacobson advise Leicestershire based tech compliance specialists Obsequio Group on two key investment deals for build and buy strategy
Legal Update
UK Government publishes the Online Safety Bill: an overview
On-Demand
NSIA: the thorn in the side of M&A?
Published Article
Digital Twin Technologies: key legal contractual considerations
Press Release
Browne Jacobson’s intellectual property lawyers ranked experts in World Trademark Review guide 2023
Legal Update
Update on the Digital Services Act (“DSA”) – Important Dates and Deadlines Looming
Legal Update
Government publishes its proposals for expanding the Scope of the Network and Information Systems Regulations 2018
Press Release
Browne Jacobson advises Superscript on £45m Series B funding round to transform its SME insurtech offering
Guide
FAQs for startups
Below are some of the questions we are regularly asked by startups, covering a range of topic areas.