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CJEU Case C-161/17 / Opinion

Land Nordrhein-Westfalen v Dirk Renckhoff

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
25/04/2018

Key facts of the case:

Reference for a preliminary ruling — Copyright and related rights in the information society — Concept of communication to the public — Making available to the public on an internet portal of a protected work available to all internet users on another internet portal — Situation in which the work has been copied onto a server without the consent of the copyright holder.

Outcome of the case:

In the light of the foregoing, I propose that the Court of Justice reply as follows to the question referred by the Bundesgerichtshof (Federal Court of Justice, Germany):

The inclusion on a school’s website of an educational work that includes a photographic image freely available to any internet user free of charge, in that the image already appeared on the internet portal of a travel magazine with no warnings regarding restrictions on use, when there is no profit motive and the source is cited, does not constitute a making available to the public within the meaning of 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.