Legal provisions on copyright – hyperlinks – citations
In order to provide readers an overview of available information on the internet, the European Court of Justice allowed the addition of hyperlinks on a website to a page of an independent third party, if the original information is already freely available on internet to the same public”, even when copyright protected (see Case C-466/12 Svensson vs Retriever; February 2014). However providing access to a third party website and to readers that did not have access before, is not allowed (for example through circumventing a pay-wall).
In a more recent case (April 2016) Advocate General Wathelet from the European Court of Justice rendered an opinion in the Case C-160/15 (GS Media BV v Sanoma Media Netherlands BV and Playboy Enterprises International Inc. and Britt Geertruida Dekker), stating that
“hyperlinks which are placed on a website and which link to protected works that are freely accessible on another site (even if they have no authorization from the copyright holder), cannot be classified as an ‘act of communication’ within the meaning of the Directive”.
However, the European Court of Justice (CJEU) did not confirm this opinion and ruled at September 8th 2016 (case GS Media BV against Sanoma Media Netherlands), that persons/companies that have commercial intentions and that are adding a hyperlink to another website are ‘presumed’ to know that this is not in conflict with the copyright of the owner of the content to which the hyperlink is directed. Concequently, prior to creating a hyperlink an investigation is required into the copyright status of the information/website to which the hyperlink is connected. This is opposite to the situation in the USA where there is no requirement for having consent from the copyright holder prior to adding a hyperlink to another website.
Our communication strategy
The news on “FDI investments in Europe” that is provided on this website, has been collected from publically available websites on the internet.
Since the status on copyright is not known to us for each of the news articles that are available on the internet, and in order to comply with European law, we do not provide hyperlinks to other websites on the internet (unless formally authorised by the copyright owner). Neither do we copy content from other websites, nor do we use fraiming, snippets, citations or pictures from other websites.
In order to provide to our readers an overview of available information on the internet concerning “FDI investments in Europe”, we create a small article (summary) ourselves for each of the individual investments. For this we use “factual information” on a particular investment project, often available on more than one website. We do mention one of the available sources of the factual information and date of the publication of this source. In addition we provide ‘google search terms’ with which readers can discover ‘one or more’ sources of information on the same investment project with the search engine from “google news” (go to ‘www.google.com’). All the images that have been added are of in the public domain (Creative Commons) and free usage is allowed.
The ‘FDI investment search engine’, allows readers to select the most relevant news articles for themselves. The selection of ‘investment articles’ can be done on the basis of one- or several criteria such as …country receiving the investment…the sector …..type of investment (greenfield, expansion, acquisition..)…type of industrial activity (production, sales & marketing, research, logistics, holding)…year of investment….language of source article….. The tool enables readers to quickly access relevant investment news without passing a lengthy search process on internet.
Removal of ‘sources of information’
Any information that has been provided on our website concerning one of the sources of factual information on investments, shall be removed upon receiving such a request…. In such case, sources of such information are recommended to confirm their preferences via an email to