A link itself is an act of public communication in the form of making available to the public. However, links, whether they are acts of making available, are not acts of “public communication” within the meaning of Directive 2001/29/EC, which require the authorization of the rights holders, unless when directed to a new public not intended by the right holders at the time of authorizing the initial communication. There is no new public, for example, when right holders of the linked work have authorized the work to be freely accessible to all Internet users.
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Translated from the Spanish by Marc Simon Altaba.
Available at http://www.poderjudicial.es.
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Criminal Code, Arts. 158ter, 270. “YouKioske”. IIC 47, 729–736 (2016). https://doi.org/10.1007/s40319-016-0502-9
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DOI: https://doi.org/10.1007/s40319-016-0502-9