Framing y comunicación pública

Abstract

The action of displaying (framing) material that may be protected by copyright on a web page from another site is an action that may impact the IP rights of third parties. Recently, the CJEU has ruled that the insertion of a work on a third party website, using the framing technique, constitutes an act of making that work available to a new public (STJUE of March 9, 2021; C-392/19). This conduct supposes an act of «making available», a right that in turn is a modality of another —public communication—. In this article this important resolution, of the Grand Chamber, is analyzed, which supposes the consecration of the right of public communication, an eminently jurisprudential configuration right sculpted by the European judge, which contributes to complete the definition and scope of this right.