If you are reading this on an internet browser you may be
relieved to know that you are not infringing copyright law. Thanks
to the recent Court of Justice of the European Union (CJEU)
decision in Public Relations Consultants Association Ltd v
Newspaper Licensing Agency Ltd, internet users who view
copyright protected material online through content aggregators
(like Google News or Lexology) do not require a licence to view
such material provided they do not download or print a copy of
it.
The CJEU held that users who view material online and as a result
make temporary copies of it on their screen and hard drives benefit
from "the temporary copying" exemption under EU
Law. Making temporary copies of material viewed online was said by
the Court to be an essential part of internet browsing which does
not violate copyright owners' legitimate interests.
The decision has obvious implications for content aggregators and
their users. While printing or downloading a copyright protected
work will infringe copyright, merely viewing it online will not
(provided it is legally put online in the first place). The
decision means that ordinary internet browsing of content
aggregator sites does not require a licence from copyright holders
because the temporary copying exemption applies. This is a relief
for internet users and content providers alike and the case was
watched intensely by the industry. If the CJEU had decided the case
the other way, millions of internet users could be infringing
copyright simply by browsing the internet.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
