A link to a website which publishes photos without authorisation of the author does not in itself constitute a copyright infringement, an adviser to Europe’s top court said on Thursday.

The opinion, by the European Court of Justice’s advocate general, is not binding but the court normally follows such advice.

While European Union rules say every act of communication of a copyrighted work has to be cleared by the copyright owner, it would be to the detriment of the Internet to make hyperlinks fall under these rules, the advocate general said.

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