17 Jan 2017 | B&B in the Media

Kluwer Copyright Blog: Prof. Dr. Jan B. Nordemann and V. Kraetzig comment on “CJEU Sanoma interpreted by a German Court”.

In the Copyright Blog of specialist publisher Wolters Kluwer, BOEHMERT & BOEHMERT partner Prof. Dr. Jan Bernd Nordemann and his legal assistant Viktoria Kraetzig published a new article on 10 January 2017. In the article entitled “Linking to illegal content can constitute a copyright infringement – CJEU Sanoma interpreted by a German Court”, the two legal experts discussed the ruling of the District Court of Hamburg dated 18 November 2016 (AZ 310 O 402/16). In this case, the District Court of Hamburg illustrated specifically what defines a “for profit” link and what obligations the linking party must fulfil in order to verify the legality of the content being linked to. Here, the District Court referenced the ruling of the European Court of Justice from September in the case of GS Media vs. Sanoma (C-160/15 dated 8 September 2016) and applied a strict interpretation of it. According to the Court, “for profit” linkers must comply with review obligations.

The full blog article can be accessed here.