Примери за използване на To protected works на Английски и техните преводи на Български
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The CJEU holds that the provision of clickable links to protected works constitutes an act of communication.
On 1 July 2014, it brought an action against Mr Wullems before the referring court seeking an order that, in essence, he stop selling multimedia players such as‘filmspeler' andoffering hyperlinks that give users illegal access to protected works.
First, that case-law was handed down in the specific context of hyperlinks which, on the internet,refer to protected works previously published with the consent of the copyright holder.
Stichting Brein asked the Rechtbank Midden-Nederland(District Court of Midden-Nederland, Netherlands) to order Mr Wullems to cease selling multimedia players oroffers of hyperlinks that illegally give users access to protected works.
In any event, I consider that extending the concept of‘communication to the public' to cover the posting of hyperlinks to protected works freely accessible on another website would require action to be taken by the European legislature.
Stichting Brein, a Netherlands foundation for the protection of the interests of copyright holders, asked the Rechtbank Midden-Nederland(District Court of Midden-Nederland, Netherlands) to order Mr W to cease selling multimedia players oroffers of hyperlinks that illegally give users access to protected works.
In addition, the Court has alreadyheld that the availability, on a website, of clickable links to protected works published without any access restrictions on another website offers users of the first website direct access to those works. .
In its decision the CJEU held thatthe owner of a website may, without the copyright holder's authorisation, redirect internet users via hyperlinks to protected works that are freely accessible on another site.
The Court hasheld that the provision, on a website, of clickable links to protected works, published without any access restrictions on another site, affords users of the first site direct access to those works,(19) irrespective of whether they avail themselves of that opportunity.
The owner of a website, such as that of Retriever Sverige, may, without the authorisation of the copyright holders, redirect internet users, via hyperlinks, to protected works available on a freely accessible basis on another site.
If the Court were to rule that the posting on a website of hyperlinks to protected works which are freely available on another website cannot be classified as an‘act of communication', the question of the copyright holder not having authorised the placement of his work on other websites operated by third parties would no longer arise.
The Court concludes from this that the owner of a website,such as that of Retriever Sverige, may, without the authorisation of the copyright holders, redirect internet users, via hyperlinks, to protected works available on a freely accessible basis on another site.
I believe that there is no significant difference between posting hyperlinks to protected works on a website(39) and, as in the present case, installing hyperlinks in a multimedia device designed specifically for use with the internet(in particular, so that, through it, users are able to access straightforwardly, directly and immediately, digital content made available without the consent of the authors).
In light of its earlier case law, the Court concluded that any act by which a user,with full knowledge of the relevant facts, provides its clients with access to protected works is liable to constitute an‘act of communication'.
In the circumstances of this case,it must be observed that the provision, on a website, of clickable links to protected works published without any access restrictions on another site, affords users of the first site direct access to those works. .
In this respect, the CJEU considers that it can be inferred from its previous case law that, as a rule, any act by which a user,with full knowledge of the relevant facts, provides its clients with access to protected works is liable to constitute an‘act of communication'.
It follows that, in circumstances such as those in the case in the main proceedings, the provision of clickable links to protected works must be considered to be‘making available' and, therefore, an‘act of communication', within the meaning of that provision.
(Reference for a preliminary ruling- Approximation of laws- Copyright and related rights- Directive 2001/29/EC- Information society- Harmonisation of certain aspects of copyright and related rights- Article 3(1)- Communication to the public- Meaning- Internet links(‘clickable links')giving access to protected works).
In any event,I consider that extending the concept of‘communication to the public' to cover the posting of hyperlinks to protected works freely accessible on another website would require action to be taken by the European legislature.
In addition, the provision of the multimedia player is made with a view to making a profit,the price for the multimedia player being paid in particular to obtain direct access to protected works available on streaming websites without the consent of the copyright holders.
It can therefore be inferred from this case-law that, as a rule, any act by which a user,with full knowledge of the relevant facts, provides its clients with access to protected works is liable to constitute an‘act of communication' for the purposes of Article 3(1) of Directive 2001/29.
The Court first draws attention to its previous case-law from which it can be inferred that, as a rule, any act by which a user,with full knowledge of the relevant facts, provides its clients with access to protected works is liable to constitute an‘act of communication' for the purposes of the directive.
As the Court stated, to accept that such reproductions may be made from an unlawful source would encourage the circulation of counterfeit or pirated works, thus inevitably reducing the volume of sales orof other lawful transactions relating to protected works, with the result that a normal exploitation of these works would be adversely affected.
Although it is true that hyperlinks posted on a website make it much easier to find other websites and protected works available on those websites(28) and therefore afford users of the first site quicker, direct access to those works,(29) I consider that hyperlinks which lead,even directly, to protected works do not‘make available' those works to a public where the works are already freely accessible on another website, but merely facilitate the finding of those works. .
The law doesn't do much to protect works with no commercial value.
Progressive and sustainable economic reforms must be implemented, making the EU economic policy‘Semester' fair and more social, relaunching public and private investment,creating tools to protect working people from economic crisis and shocks.
(13) A common search for, andconsistent application at European level of, technical measures to protect works and other subject-matter and to provide the necessary information on rights are essential insofar as the ultimate aim of these measures is to give effect to the principles and guarantees laid down in law.
Those Member States which recognise such rights shall take the necessary measures to protect working men and women against dismissal due to exercising those rights and ensure that, at the end of such leave, they shall be entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Those Member States which recognise such rights shall take the necessary measures to protect working men and women against dismissal due to exercising those rights and ensure that, at the end of such leave, they shall be entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.