On 9 March 2021, the European Court of Justice (C 392/19) once again ruled on a question submitted by the German Federal Court of Justice on the subject of framing. This time, it had to be clarified whether the framing of a work that was available on a freely accessible website with the consent of the rightholder constitutes "communication to the public" if it is carried out by circumventing protective measures against framing that the rightholder has taken or caused to be taken. If thumbnails are embedded in a third party's website via framing, while circumventing the technical protection measures taken or arranged by the rightholder, this constitutes a communication to a new public, according to the Federal Court of Justice.
Jacqueline Bichler and Veronika Krickl have dealt with the ECJ decision in the latest issue of ZIIR (Zeitschrift für Informationsrecht).
[Note: In the meantime, the German Federal Court of Justive annulled the Kammergericht's decision on 9 September 2021 (Az I ZR 113/18 – Deutsche Digitale Bibliothek II). The Kammergericht Berlin must now make a final decision on the matter].
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