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 Framing in this traditional form is now obsolete but has been superseded by ‘inline framing’.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.
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
Below are some of the questions we are regularly asked by startups, covering a range of topic areas.
UK law firm Browne Jacobson, which opened its first overseas office in Dublin in September, has outlined its strategic plans to grow its legal team over the next four years.
Bishopsgate Corporate Finance and law firm Browne Jacobson have jointly advised on the acquisition of award-winning tech solutions business, Custard Technical Services by US managers services and cyber security provider, Thrive.
In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.
A deepfake of Bruce Willis is advertising Russian mobile phones. Many great artistic and metaphysical questions are raised by this performance. However, this article is going to look at the intellectual property law implications, from a UK perspective.
The Digital Services Act (the “DSA”) has today (27 October) been given the go-ahead by the EU Council and will enter into force by early 2024.
Browne Jacobson’s corporate technology dealmakers have advised Agilico, a workplace technology business, on its acquisition of Capital Document Solutions Limited for an undisclosed amount.
The increased use of artificial intelligence (AI) is revolutionising the way businesses operate and is having a disruptive impact in sectors that have traditionally been slow to modernise.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
Browne Jacobson’s specialist cleantech lawyers have advised AIM listed Clean Power Hydrogen Group Limited (CPH2) on its licence agreement with Bentec GmbH, a member of the Kenera business of the KCA Deutag Group. Kenera will manufacture CPH2’s unique membrane-free electrolysers from its facility in Bad Bentheim, Germany.
Browne Jacobson’s corporate finance lawyers have advised leading mid-market private equity firm, LDC and management on the sale of specialist managed IT services provider, Littlefish to Bowmark Capital.
The Digital Markets Act (the “DMA”) joins the dots between competition law and data protection law and actively targets data-driven platforms. It is also a comprehensive regulation to take note of, with familiar GDPR-style fines tied to turnover.
We advised equity investor, Business Growth Fund on its exit from mobile data SIMs & business communications specialist Jola Cloud Solutions.
This article covers, at a high level, some of the legal issues that arise in the lifecycle of the innovation and deployment of new technology within the energy sector. It is not intended to be a comprehensive account of all legal aspects.
First Hydrogen has identified 4 sites in the UK where it plans to locate large hydrogen refuelling stations for commercial vehicles. The sites will also accommodate on-site hydrogen production of between 20 and 40 MW (totalling 80 MW - 160 MW across all 4 locations) and will serve the urban areas of Greater Liverpool, Greater Manchester, London and the Thames Estuary. The plans form part of the Energy division’s strategy to develop green hydrogen production projects, initially in the UK and Canada.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
National law firm Browne Jacobson has launched an electric vehicle (EV) scheme as part of its employee benefits package. The benefit will be available to all of the firm’s employees across its five offices, including Birmingham, Exeter, London, Manchester, and Nottingham.
In anticipation of the adoption of the Building Safety Bill, our specialist compliance and regulatory team will give an overview of the measures proposed in the Bill.
The Presidents of the Employment Tribunals England and Wales and Scotland have issued a new road map for 2022-23, providing an update on the resourcing challenges faced by employment tribunals and the steps put in place to address these.
We invite you to watch our on-demand webinar which looks into how healthtech is commissioned from a health and tech perspective.
The key benefits and pitfalls for agile software contracting, and recommendations for government bodies.
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
Browne Jacobson has advised on today’s (16 February 2022 - 8.00am) admission of the entire issued ordinary share capital of green hydrogen technology and manufacturing group, Clean Power Hydrogen to trade on AIM, a market operated by the London Stock Exchange plc.
As a developing area, key stakeholders in this space such as insurers, and technology and software developers looking to become ASDEs or NUIC operators, should keep a keen eye on whether the Government proceeds with introducing new legislation in line with the report’s recommendations.
Five considerations for HEIs when undertaking an IT procurement for largely “off the shelf” small-scale student-facing applications for online teaching, knowledge stores and document repositories etc.
More needs to be made of these procurement routes, with clients honouring the original concept rather than watering down concepts.
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.
Browne Jacobson’s Manchester corporate team have advised the shareholders and management team on YFM Equity Partners’ (YFM) investment in Cooper Software.
