Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 25 June 2013 – BestWater International GmbH v Michael Mebes, Stefan Potsch
Language of the case: German
Parties to the main proceedings
Applicant: BestWater International GmbH
Defendants: Michael Mebes, Stefan Potsch
Does the embedding, within one’s own website, of another person’s work made available to the public on a third-party website, in circumstances such as those in the main proceedings, constitute communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC, 1 even where that other person’s work is not thereby communicated to a new public and the communication of the work does not use a specific technical means which differs from that of the original communication?____________1
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).