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Re: European court rules video embedding does not infringe copyright

From: Sergey Konstantinov <twirl@yandex-team.ru>
Date: Mon, 27 Oct 2014 18:18:04 +0300
To: "ashok.malhotra@oracle.com" <ashok.malhotra@oracle.com>, "www-tag@w3.org" <www-tag@w3.org>
Message-Id: <3101414423084@webcorp02e.yandex-team.ru>
Common formula for "publicly available" is: "making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them" (WIPO Copyright Treaty, Article 8 [1]).

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[1] http://www.wipo.int/treaties/en/text.jsp?file_id=295166#P78_9739

27.10.2014, 18:05, "Ashok Malhotra" <ashok.malhotra@oracle.com>:
> Thank you, Noah!
> There is a nuance to the decision that I am pondering.  It says:
> “The embedding in a website of a protected work which is publicly accessible on another website by means of a link ... does not by itself constitute communication to the public within the meaning of [the EU Copyright directive] to the extent that the relevant work is neither communicated to a new public nor by using a specific technical means different from that used for the original communication,”
>
> My question is, what is "publicly available?"
> If I publish a blog post that 2 people read, is that "publicly available"?
> I guess it is.
> All the best, Ashok
>
> On 10/27/2014 10:50 AM, Noah Mendelsohn wrote:
>>  I have not read (nor am I qualified to interpret) the original ruling, but according to the article at [1]
>>
>>  "The Court of Justice of the European Union handed down a landmark verdict this week. The Court ruled that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission."
>>
>>  This seems to relate directly to the TAG's long running interest in the legal impediments to linking and embedding.
>>
>>  Noah
>>
>>  [1] http://torrentfreak.com/embedding-copyright-infringement-eu-court-rules-141025/

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Sergey Konstantinov
Yandex Maps API Development Team Lead
http://api.yandex.com/maps/
Received on Monday, 27 October 2014 15:18:34 UTC

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