Article 3(1)
of Directive 2001/29/EC must be interpreted as meaning that the embedding, by means of the
technique of framing, in a third party website page, of works that are protected
by copyright and that are freely accessible to the public with the
authorisation of the copyright holder on another website, where that embedding
circumvents measures adopted or imposed by that copyright holder to provide
protection from framing, constitutes a communication to the public within the
meaning of that provision