Hyperlinks are a vital tool for the dissemination of information on the Web, but can also be used to share infringing content or spread venomous rumors. In recent years, linking practices have spawned multiple lawsuits. Is a website that encourages users to post and share links to copyrighted videos, but does not store or copy the videos in question on its own servers, liable for contributory infringement? Is a link to a defamatory article analogous to a footnote or a card catalog index in a library or more akin to encouragement and republication of the content? This article will discuss hyperlinks generally, as well as issues involving hyperlinking in relation to copyright infringement and online defamation.
Hyperlinks Generally
A hyperlink is a common device whereby a word or phrase on a webpage is underlined or otherwise highlighted in a different color as being a portal to additional, related information on another webpage. Clicking on a hyperlink connects the reader to that information, whether it be a “shallow” link to another site’s home page or a “deep” link to a page located within the site that contains the desired article or information. An inline link retrieves a third-party image or video from its original location on the Web and incorporates it into a website’s on-screen display.
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