Ginsburg, Jane; Strowel, Alain --- "Copyright liability for hyperlinking" [2020] ELECD 17; in Aplin, Tanya (ed), "Research Handbook on Intellectual Property and Digital Technologies" (Edward Elgar Publishing, 2020) 217

Book Title: Research Handbook on Intellectual Property and Digital Technologies

Editor(s): Aplin, Tanya

Publisher: Edward Elgar Publishing

Section: Chapter 11

Section Title: Copyright liability for hyperlinking

Author(s): Ginsburg, Jane; Strowel, Alain

Number of pages: 29

Abstract/Description:

This chapter compares the approaches under EU and US copyright law regarding liability for hyperlinking. In the case law of the Court of Justice of the European Union, hyperlinking cases are addressed under direct liability, while in the US, various doctrines of direct and indirect liability apply. The chapter also shows that the criteria for copyright liability in the hyperlinking cases reflect the criteria for nonliability under the EU and US safe harbour provisions for online intermediaries.