Hyperlinking

Abstract

This chapter studies hyperlinking and how implied licence can help better understand it both when the content was placed on the internet by or with the copyright owner’s consent and when it was not. Hyperlinking enables establishing links between different webpages and is critical to enhancing the efficacy of the internet. Although scholars are still divided, courts have held that hyperlinking engages the right of communication to the public. However, the approach adopted by the courts suffers from inconsistencies. This chapter instead argues that it makes sense to regard hyperlinking as amounting to the exercise of the right of communication to the public based on a consistent interpretation, and asks whether such exercise does not infringe the right because of the licence implied on different bases.