ANALYSIS OF THE JUDGMENT ISSUED BY THE COURT OF JUSTICE OF THE EUROPEAN UNION

This note discusses the most important elements of the decision of the Court of Justice of the European Union (CJEU) in the Cordoba case. The Court ruled that the unauthorized republication of photographs constitutes an act of communication to the public and therefore a copyright infringement. This ruling clarified the scope of the right of "communication to the public" in the framework of the Infosoc Directive and the legality of republishing copyrighted material on the Internet. Its most important contribution is to establish the differences between the use of links and framing with respect to re-posting cases. This commentary analyses whether it is still appropriate to continue using the criteria of "new public" to identify infringements of the right of "communication to the public".