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Re: European court rules video embedding does not infringe copyright

From: David Booth <david@dbooth.org>
Date: Mon, 27 Oct 2014 17:24:00 -0400
Message-ID: <544EB7F0.6090104@dbooth.org>
To: Sergey Konstantinov <twirl@yandex-team.ru>, Noah Mendelsohn <nrm@arcanedomain.com>, "www-tag@w3.org" <www-tag@w3.org>
On 10/27/2014 11:03 AM, Sergey Konstantinov wrote:
> Well,
>
> that's, of course, is a very significant decision but exactly in
> opposite to our "Right to Link" sense.
>
> Court stated that embedding doesn't violate copyright *as long as
> it’s not altered or communicated to a new public*. That's exactly the
> position I presented at our April F2F: copyright owners have
> exclusive right to communicate to public, and any action that makes a
> work available to broader audience (including linking) *is* a
> copyright violation.

I'm curious: How could a link make the work available to a broader 
audience, given the definition of "publicly available" that you provided 
below?  Could it?

On 10/27/2014 11:18 AM, Sergey Konstantinov wrote:
 > 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]).
 >
 > -- [1]
 > http://www.wipo.int/treaties/en/text.jsp?file_id=295166#P78_9739

Thanks,
David

>
> 27.10.2014, 17:52, "Noah Mendelsohn" <nrm@arcanedomain.com>:
>> 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/
>
>>
> -- Sergey Konstantinov Yandex Maps API Development Team Lead
> http://api.yandex.com/maps/
>
>
>
>
Received on Monday, 27 October 2014 21:24:29 UTC

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