Question
The Marner Brothers are in the advanced stages of filming a new Inspector Morse feature film based on Colin Dexter's series of Inspector Morse novels.
The Marner Brothers are in the advanced stages of filming a new Inspector Morse feature film based on Colin Dexter's series of Inspector Morse novels. The film is specifically based on the latest novel, called "Inspector Morse and the Crimson Rose". Sample posters for the new Inspector Morse film are hosted on the Files4All website, a cloud-hosting website dedicated to data storage. www.FilmsBuffs.co.uk is a website dedicated to film enthusiasts which covers news on upcoming releases, film reviews, etc. The website is funded by advertising revenue but is operating at a loss. Operators of the Film-Buffs website make a big announcement of the upcoming Inspector Morse film and place a hyperlink to the leaked Inspector Morse sample posters hosted in a file on the Files4All website. The users of the Film-Buffs website can click on the link and download the sample Inspector Morse posters on their computers.
Marner Brothers sent a takedown notice to FilmBuffs to remove the link, which was ignored. Marner Brothers brought proceedings against the FilmsBuffs website in the United Kingdom, claiming that the provision of hyperlinks to the sample posters is an infringement of Marner Brother's communication to the public right. FilmBuffs operators defend themselves by stating that there are no restrictions to access the posters on the Files4all website. In other words, FilmBuffs argue that they were not providing a hyperlink that allows internet users to circumvent any restrictive interventions that may be in place. Therefore, there is no infringement of communication to the public right.
questions:
1. Has the provision of the hyperlink by the FilmBuffs operators affected Marner Brother's communication to the public right?
2. Argue whether there has been an expansion of the communication to the public right following the Court of Justice of the European Union's seminal decisions in Svensson and GS Media.
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