GS Media BV v. Sanoma Media Netherlands BV, Playboy and Dekker

Case No. C160/15 (2016)

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GS Media BV v. Sanoma Media Netherlands BV, Playboy and Dekker

European Union Court of Justice
Case No. C160/15 (2016)

  • Written by Jody Stuart, JD

Facts

GS Media BV (GS) (plaintiff) operated the GeenStijl website. Sanoma Media Netherlands BV (Sanoma) (defendant) published Playboy magazine and arranged for photos of Britt Dekker to be taken. The photos, for which Sanoma had authority to exercise the rights arising from copyright, were to be published in the December 2011 edition of the magazine. In October 2011, the GeenStijl editors received an anonymous message with a hyperlink to a file hosted on Filefactory.com that contained the photos of Dekker. On the same day, Sanoma asked GS’s parent company to prevent the photos from being published on GreenStijl. Sanoma had not authorized the publication of the photos on the internet. The next day, hyperlinks to the Filefactory.com files containing the photos were posted by GS on GreenStijl for profit. Legal proceedings arose in the Netherlands concerning the posted hyperlinks. The national court requested a preliminary ruling from the European Union Court of Justice regarding what constituted a communication to the public.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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