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55 IDEA 1 (2014-2015)

handle is hein.journals/idea55 and id is 1 raw text is: Taking the Hype Out of Hyper-Linking: Linking Online Content Not Grounds for U.S. Copyright Infringement Katherine E. Beyer1 Some have called it stupid, stupid, stupid2 and a horrendous idea,3 while others have deemed it born out of ignorance4 and worry that it will ruin the Internet as we know it.5 The idea that hyper- linking, or providing a link to a copyrighted webpage, could give rise to liability for copyright infringement has created a veritable explosion of speculation, worry, and outrage on the Internet.6 These extreme reactions have grown out of the making available right adopted in European countries, developed over decades, and that is now on the forefront of United States law.7 1 J.D. expected May 2015, University of Kentucky College of Law; B.A. in English and Foreign Affairs, 2012, University of Virginia. 2 Veraxus, Comment to Should Copyright Law Also Cover Hyperlinks?, GIZMODO (Apr. 10, 2014, 10:33 AM), http://gizmodo.com/should-copyright-law-also-cover- hyperlinks- 1561724057/all. 3 DennyCraneDennyCraneDennyCrane, Comment to Should Copyright Law Also Cover Hyperlinks?, GIZMODO (Apr. 10, 2014, 1:00 PM), http://gizmodo.com/should- copyright-law-also-cover-hyperlinks- 1561724057/all. 4 raz-0, Comment to Should Copyright Law Also Cover Hyperlinks?, GIZMODO (Apr. 10, 2014, 12:55 PM), http://gizmodo.com/should-copyright-law-also-cover- hyperlinks- 1561724057/all. 5 See Adam Clark Estes, Should Copyright Law Also Cover Hyperlinks?, GIZMODO (Apr. 10, 2014, 10:25 AM), http://gizmodo.com/should-copyright-law-also-cover- hyperlinks- 1561724057/all. 6 Id. See Frequently Asked Questions (and Answers) about Linking, CHILLING EFFECTS.ORG, http://www.chillingeffects.org/linking/faq.cgi. See also Dan Cohen, On the Right to Link: Building the DLPA, DIGITAL PUBLIC LIBRARY OF AMERICA (Apr. 4, 2014), http://dp.la/info/2014/04/04/on-the-right-to-link/ (last visited Sept. 24, 2014). 7 See World Intellectual Property Organization: Copyright Treaty, art. 8, Dec. 20, 1996, S. Treaty Doc. No. 105-17 [hereinafter WCT] (providing for the right of authors to make their content available); WIPO Performances and Phonograms Volume 55 - Number 1

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