Under the European Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society an act of communication of a work to the public has to be authorised by the copyright holder. According to the Advocate General in the European Court of Justice’s case C-160/15 the posting of a hyperlink to a website which publish photos without authorisation does not in itself constitute a copyright infringement. The opinion is attached.
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