Matheson’s technology and IP law blog

Hyperlinking – validated at last

February 14th, 2014


It is the moment that many have been waiting for and it has been worth the wait?  The Court of Justice of the European Union (CJEU) has just issued its eagerly anticipated decision in Case C-466/12 Svensson. In essence, the Court found that hyperlinking to a protected work on another website does not constitute a copyright restricted act of “communication to the public” in circumstances where a work is freely available on the initial site. The CJEU’s logic is that… Read more…

Modernising Copyright…..Irish Style!

December 9th, 2013


“Modernising Copyright”, the much awaited report of the Copyright Review Committee, was published on 29 October 2013 and is being officially launched today 9 December 2013. The report recommends the establishment of a Copyright Council of Ireland with a mandate for advocacy, education, management of collective licensing and alternative dispute resolution. It also proposes a lower court IP jurisdiction, namely the introduction of an intellectual property claims procedure in the District Court and the establishment of a specialist intellectual property… Read more…

What next if hypertext linking amounts to copyright infringement?

September 17th, 2013


The legal status of hypertext linking (or “hyperlinking”) remains fraught. Since the early 2000’s best practice legal advice has focussed on the safe option, namely, obtain permission unless the link is to a home page and there is no real prospect of any intellectual property rights infringement being raised. Cases to date from different jurisdictions have been inconsistent partly reflective of differing intellectual property laws and approaches and partly because of the fact specific nature of these cases. This makes… Read more…