You can reuse a teabag without any problems a second time. Your tea will taste just as good. But can you reuse content? Can you place articles, videos, and photos from another site on your own content platform without consequences? Discover how to recycle smartly and safely.
It is indeed true that you do not have to create all content yourself. You can also enrich your online communication with videos, articles, and infographics from others.
You can embed this content. However, not everything is allowed!
In this article, you will read what is permissible regarding copying content. And how to approach reposting someone else's content.
Thanks to lawyer and intellectual property expert Moana Colaneri
How can you embed content from others on your company site?
Placing links to internal and external websites. You undoubtedly know that. But what is content embedding?
The difference between embedding and linking?
Linking is creating a clickable word or image in your text. This way, you lead the reader to another text, other content related to what he or she is currently reading and viewing. Someone who wants to know more about copyright can for example read the article Waarom je content niet zomaar mag hergebruiken .
Embedding and framing is more than just placing a hyperlink. Embedding means that you take content that is located elsewhere and incorporate it into your own site. It almost seems as if it is your own content. A very clear example is YouTube videos. They are hosted on YouTube's servers, but you can perfectly place them on your site.
“In its recent case law, the European Court of Justice consistently applies the same reasoning regardless of the technique used: embedding, framing or linking”
May we embed content from others?
Can you embed content from others on your site?
“Because it is technically possible, users tend to think that it is also allowed,” says advocate Moana Colaneri.
“Nothing could be further from the truth. In an online environment, the classic legal rules still apply, although it is of course not possible to exclude all risks. According to copyright law, only the author can decide what happens to his or her content, including its communication to the public.”
Advocate Moana Colaneri on embedding content.
The question that has long been at issue in an online environment was whether placing hyperlinks or using similar techniques constitutes a ‘communication to the public’ for which permission must be sought from the author.
The Court of Justice ruled as follows in its judgment of 13 February 2014:
“When content is freely available on the internet, everyone is in principle allowed to link to it without asking for permission."
Conclusion: embedding is allowed
At first glance, it seems as if you may embed, frame, and place links to content that is not yours.
You may reuse and adopt content. Just like a tea bag.
However, some caution is warranted as will become clear.
Crucial passage in the case law:
In the ruling of the Court, this crucial passage clearly states what it is about.
“The owner of a website can, without permission from the copyright holders, refer via hyperlinks to protected works that are freely available on another website.
4 rules for embedding
This passage points to 4 rules:
- Owner of a website: this case law deals with online content. It only states what owners of a site can do. The classic rules of copyright apply to printed company magazines, newspapers, and other publications.
- Without permission: most websites will have no problem when their content is adopted. Most companies actually encourage sharing and linking via social media. However, there are also companies that prohibit the adoption of their content in their Terms and Conditions.
- Via hyperlinks: it is important that the content remains with the original source. Copying with and without attribution is not allowed. Downloading something and then re-uploading it (which is often done with infographics and images) is not permitted. This way, the surfer can also easily find the original source.
- Freely available: the content must be readable and viewable for a wide audience. Thus, a lot of content is excluded: content that is behind a paywall, content that can only be read via a subscription, content that is restricted from a wider group such as that of a closed Twitter and Facebook account, ...
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“Whether everything that is freely accessible online can be shared by another cannot unfortunately be answered simply with a yes,” concludes Colaneri.
“One must take into account all circumstances of the case, in particular:
- Which parties are involved (e.g. competitors)?
- Is it legal or illegal content?
- Does the author prohibit a reference to their content?
- and so on
For even if there is a reference to content that is freely available on the internet - and therefore in principle no permission should be required for sharing it - the author as the owner of the content could still assert other legal grounds.”
The lawyer also advises to
- check the source
- read the terms and conditions of the platform on which the original content is located
- contact the owner of the content
