Table of Contents
1 Authorisation Required for Clickable Links to Freely Available Work on Other Websites? 1.1 Communication 1.2 To the public 1.3 New public 1.4 Svensson pros 1.5 Svensson cons 1.6 Liability of ISPs 1.7 Liability of Search Engines
2 If Clickable Links Transport to a Broadcast of a Work 2.1 Communication to the Public 2.2 Different Technical Means
3 Embedded links
4 Not-for-profit Basis
5 If Copyright Work on the Original Website is Restricted by Technical Means 5.1 Deep-linking 5.2 Contractual conditions 5.3 Crticism
1.Authorisation Required for Clickable Links to Freely Available Work on Other Websites?
Copyright in a work can be infringed by copying it, issuing copies of it to the public or making an adaptation of it . It is apparent that hyperlinks are not a material form of a copy, but merely an electronic link to another site. Authorisation would only be required for clickable links, if it is substantiated that such links would infringe a copyright held by the original content provider. For our current purposes, clickable links shall be examined in line with the right of communication to the public.
Copyright laws apply to communication through electronic transmission if the work that is copied is intended to be retrieved and used by someone else, irrespective of whether members of the public avail themselves of that opportunity . An