Svensson v. Retriever Sverige AB

“Linking to freely accessible content is not copyright infringement — no new public, no new communication.”

Short Description

This landmark EU case addressed whether providing hyperlinks to protected works constitutes a “communication to the public.” Journalists argued that Retriever Sverige aggregated links to their articles without permission, thereby exploiting their copyright. The decision became central to understanding online linking practices.

Facts

Svensson and other journalists published articles behind a website accessible to the general public without restrictions. Retriever Sverige provided a service that indexed and offered direct links to these articles. The journalists claimed that even though the articles were freely available, linking created a new communication requiring authorization.

Findings / Reasoning

The CJEU ruled that hyperlinking to openly accessible works does not constitute a new communication, because the public targeted by the link is the same public originally intended by the copyright owner. A “new public” is required for infringement. Since the articles were freely accessible, no exclusive rights were violated. However, the court noted that if links bypass paywalls or restricted access, infringement may occur.

Suggestions / Observations

The ruling preserves the functioning of the internet by allowing widespread linking. It distinguishes lawful linking from unauthorized access circumvention. Content owners must use technological restrictions or paywalls if they wish to limit public access, otherwise normal linking cannot be controlled.

Judgment & Date

The CJEU ruled in favor of Retriever Sverige, finding no communication to a new public.

Judgment Date : 2014 (CJEU).