Request for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 22 May 2013 – C More Entertainment AB v Linus Sandberg

(Case C-279/13)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Applicant: C More Entertainment AB

Defendant: Linus Sandberg

Questions referred

Does the expression communication to the public, within the meaning of Article 3(1) ¹ of the Information Society Directive, include measures to make available on a website open to the public a clickable link to a work which is broadcast by the holder of the copyright in that work?

Is the manner in which the linking is done relevant to the answer to question 1?

Is it relevant if the access to the work to which the linking is done is in any way restricted?

May the Member States give wider protection to the exclusive right of rightholders by enabling ‘communication to the public’ to cover a greater range of acts than provided for in Article 3(1) of the Information Society Directive?

May the Member States give wider protection to the exclusive right of authors by enabling ‘communication to the public’ to cover a greater range of acts than provided for in Article 3(1) of the Information Society Directive?

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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).