Embedding of images (hotlinking) is allowed by EU law

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Embedding of images (hotlinking) is allowed by EU law

Post by luchtzak »

Aviation24.be is very cautious on using pictures from other web sites/photographers/... every time we publish an image we contact the photographer to ask permission for publication. As stated in the TOU of Facebook/Twitter/... embedding the Facebook post/tweet/... is allowed.


Unfortunately six images on our website have recently been "flagged" as copyright protected, a company that is specialized in searching the www for "illegal uploading of pictures" has sent us a letter this week. And a hefty fine as a conclusion. In fact the images were downloaded and uploaded on our web site (reproduced), if we copied the source-url and embedded the images in <img> and </img> that would be perfectly legal according to a EU law that we found:
The embedding in a website of a protected work which is publicly accessible on another website by means of a link using the framing technology … does not by itself constitute communication to the public within the meaning of [the EU Copyright directive] to the extent that the relevant work is neither communicated to a new public nor by using a specific technical means different from that used for the original communication.
https://www.charlotteslaw.nl/2014/10/em ... ag-nu-echt

Exceptions: only for web sites in the EU.

So if we take an image from Het Laatste Nieuws and copy it here this is allowed according to EU law:


But if we download the same image and upload it again, it is not allowed. As we "reproduce" the image.

Your opinion and comments on this item are very welcome! In private message or as a reply to this message.

sonic boom
Posts: 33
Joined: 11 Oct 2017, 17:59

Re: Embedding of images (hotlinking) is allowed by EU law

Post by sonic boom »

It's indeed correct that you cannot reupload pictures. I never do that for my website.

A friend of mine who runs his own website and makes use of a certain website to make these claims. I think there is room for a settlement.

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