The CJEU has once again been asked to consider the meaning of “communication to the public” within Article 3(1) of the Copyright Directive.
In Stichting Brein v Ziggo BV, XS4ALL Internet BV (Case C‑610/15), the CJEU has been asked to identify the scope of liability for copyright infringement committed by ‘card providers,’ namely sites such as The Pirate Bay, where files containing music and films are shared free of charge, and usually in breach of copyright.
On 8 February, 2017, the Attorney General (AG) delivered an Opinion advising the CJEU to find copyright infringement where a website (such as The Pirate Bay) indexes content available on peer-to-peer (P2P) networks, even where there is no actual content on the website. However the AG found copyright infringement will only occur where the website operator has actual knowledge of the illegality and takes no action. Accordingly, if copyright holders notify a site’s operators of the illegal nature of information appearing on the site, and they fail to take action to make access to that work impossible, then the site operator may be held liable.