Liability Implications of Extending the Communication to the Public Right to Third-Party Re-Posting of Images Already Freely Available Online with Right Holder Permission

摘要

The decision in Renckhoff (C-161/17) finds that art.3(1) Directive 2001/29 covers third-party re-posting of an image already made available online with consent, freely and for free. An additional authorisation from the right holder is required for re-posting. The decision is equitable to right holders, but it raises additional hurdles for those engaging in the online use of works. Furthermore, Renckhoff will also interact with the application of hyperlinking rules. This contribution unpacks the Advocate General's and CJEU's opposing views and analyses the effects of the decision on stakeholder liability.