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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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