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Some thoughts on hyperlinks and communication to the public | CILIP


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The legality of linking depends on whether it leads to a communication to the public, which is a restricted act and therefore requires permission of the rightsholder. However, if that material has already been made available to the public by means of placing on a freely accessible web site, and therefore potentially available to anyone with internet connectivity, then a third party putting a link to that material is often not infringing because there is no “new” public to which the information is being communicated, but a lot depends on whether the content linked to itself infringes. This is a fine example of the convoluted logic used by the European Court! Anyway, one can now classify links and their likelihood of being infringement. The Table below is based on one created by Eleonara Rosati as a result of the two Court cases

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