Links to Pirated Playboy Pics Don't Infringe Copyright, E.U. Court Says

Links to Pirated Playboy Pics Don't Infringe Copyright, E.U. Court Says

LUXEMBOURG — Linking to a website where copyrighted photos have been posted without permission is not an act of infringement by the one who placed the link, the European Court of Justice's advocate general said in a new opinion.

The ruling involved the Dutch website GeenStijl.nl website, which provided a link to an Australian site showing pictures of TV personality Britt Dekker taken by the Dutch edition of Playboy magazine for its December 2011 edition. The Australian website did not have Playboy's authorization to do so.

Playboy Enterprises International sued, and the Dutch Supreme Court later asked the European Court of Justice to help it interpret E.U. copyright laws in the context of hyperlinking.

The European Court of Justice, which is expected to issue its formal decision in the case later this year, often follows the approach recommended by its advocate generals. 

In his ruling the European Court of Justice’s top legal adviser, Melchior Wathelet, said that “hyperlinks which lead, even directly, to protected works are not 'making them available' to the public when they are already freely accessible on another website, and only serve to facilitate their discovery."

Wathelet noted in his decision said that any other interpretation would considerably impede the functioning of the internet and would stifle the development of the information society in Europe.

“Although the circumstances at issue are particularly flagrant, the advocate general considers that, as a general rule, internet users lack the knowledge and the means to verify whether the initial communication to the public of a protected work freely available on the internet was done with or without the consent of the holder of the copyright,” Wathelet said in his ruling.

“If internet users risk liability for copyright infringement every time they place a hyperlink to works which are freely accessible on another internet site, they would be much more hesitant to post those links, to the detriment of the proper functioning and very architecture of the internet as well as the development of the information society.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

DarkFans Rolls Out 'Configure Limits' Solution

DarkFans has debuted its Configure Limits monetization solution for creators.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) have partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

SCREEN Act Back in Play: Federal AV Bill Faces Senate Hearing

The U.S. Senate Committee on Commerce, Science, and Transportation has slated a markup session this week for the SCREEN Act, which would mandate site-based age verification of users accessing adult content online on a national level.

Clips.com Launches Lifetime Creator Referral Program

Recently launched creator platform Clips.com has introduced its new lifetime creator referral program.

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

AEBN has published the top search terms for May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Show More