Re: European court rules video embedding does not infringe copyright

I think we non-lawyers should be careful interpreting legal opinions.

FWIW: my assumption was that the intent was "things like Youtube are 
already publicly available, so embedding them in most any Web page doesn't 
change that and is legal; embedding a video that was not otherwise 
available to the same community (e.g. by accessing it from a password 
protected server and then republishing without such controls) might not fit 
within the scope of the ruling and might be illegal."

To be clear, I'm NOT saying this is what the court meant, as I don't think 
I'm qualified to judge and in fact have not read the ruling in detail. I am 
saying that there are plausible (to me) possibilities that are different 
from many expressed in this thread.

Noah

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.
>
> 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 Tuesday, 28 October 2014 04:02:23 UTC