Linking and Copyright Infringement

Linking and Copyright Infringement

A recent decision of the Court of Justice, the European Union’s highest court, considers the situations when posting a link on the Internet can constitute copyright infringement.

The Facts

In October of 2011 a photographer took erotic photos of an individual that were to be published in the December 2011 edition of Playboy magazine.  The publisher (the “Publisher”) had the full rights to publish the photos and to exercise the rights and powers arising fro