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Case C-392/19: Judgment of the Court (Grand Chamber) of 9 March 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — VG Bild-Kunst v Stiftung Preußischer Kulturbesitz (Reference for a preliminary ruling — Intellectual property — Copyright and related rights in the information society — Directive 2001/29/EC — Article 3(1) — Concept of ‘communication to the public’ — Embedding, in a third party’s website, of a copyright-protected work by means of the process of framing — Work freely accessible with the authorisation of the copyright holder on the licensee’s website — Clause in the exploitation agreement requiring the licensee to introduce effective technological measures against framing — Lawfulness — Fundamental rights — Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union)
ECLI:EU:UNKNOWN:62019CA0392
62019CA0392
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10.5.2021
Official Journal of the European Union
C 182/5
(Case C-392/19) (1)
(Reference for a preliminary ruling - Intellectual property - Copyright and related rights in the information society - Directive 2001/29/EC - Article 3(1) - Concept of ‘communication to the public’ - Embedding, in a third party’s website, of a copyright-protected work by means of the process of framing - Work freely accessible with the authorisation of the copyright holder on the licensee’s website - Clause in the exploitation agreement requiring the licensee to introduce effective technological measures against framing - Lawfulness - Fundamental rights - Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union)
(2021/C 182/06)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: VG Bild-Kunst
Respondent: Stiftung Preußischer Kulturbesitz
Operative part of the judgment
Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the embedding, by means of the technique of framing, in a third party website page, of works that are protected by copyright and that are freely accessible to the public with the authorisation of the copyright holder on another website, where that embedding circumvents measures adopted or imposed by that copyright holder to provide protection from framing, constitutes a communication to the public within the meaning of that provision.
(1) OJ C 270, 12.8.2019.