Diritto d'autore, comunicazione al pubblico e misure tecnologiche di protezione contro il framing: VG Bild-Kunst e l'ultimo cioccolatino della Corte di Giustizia

In the VG Bild-Kunst decision the CJEU commented on art. 3 par. 1 of copyright InfoSoc 2001/29/EC directive which regulates the right of communication to the public. The court held that the provision must be interpreted as meaning that the embedding, by means of the technique of framing, in a third party website page, of works that are protected by copyright and that are freely accessible to the public with the authorisation of the copyright holder on another website, where that embedding circumvents measures adopted or imposed by that copyright holder to provide protection from framing, constitutes a communication to the public. The decision represents a dangerous extension of the right of communication to the public and of the notion of technological protection measures included in the art. 6 of the InfoSoc directive, and it can have a negative impact on the Web and on the freedom of expression and information.