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Case C-160/15: Judgment of the Court (Second Chamber) of 8 September 2016 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Geertruida Dekker (Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Internet — Hyperlinks giving access to protected works, made accessible on another website without the rightholder’s consent — Works not yet published by the rightholder — Posting of such links for a profit)
ECLI:EU:UNKNOWN:62015CA0160
62015CA0160
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31.10.2016
Official Journal of the European Union
C 402/7
(Case C-160/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Copyright and related rights - Directive 2001/29/EC - Information society - Harmonisation of certain aspects of copyright and related rights - Article 3(1) - Communication to the public - Definition - Internet - Hyperlinks giving access to protected works, made accessible on another website without the rightholder’s consent - Works not yet published by the rightholder - Posting of such links for a profit))
(2016/C 402/08)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: GS Media BV
Defendants: Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Geertruida Dekker
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, in order to establish whether the fact of posting, on a website, hyperlinks to protected works, which are freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of that provision, it is to be determined whether those links are provided without the pursuit of financial gain by a person who did not know or could not reasonably have known the illegal nature of the publication of those works on that other website or whether, on the contrary, those links are provided for such a purpose, a situation in which that knowledge must be presumed.
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Language of the case: Dutch.
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(<span class="super">1</span>) OJ C 205, 22.6.2015.