Research Handbook on Intellectual Property and Digital Technologies
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Research Handbook on Intellectual Property and Digital Technologies

Edited by Tanya Aplin

This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
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Chapter 11: Copyright liability for hyperlinking

Jane Ginsburg and Alain Strowel

Abstract

This chapter compares the approaches under EU and US copyright law regarding liability for hyperlinking. In the case law of the Court of Justice of the European Union, hyperlinking cases are addressed under direct liability, while in the US, various doctrines of direct and indirect liability apply. The chapter also shows that the criteria for copyright liability in the hyperlinking cases reflect the criteria for nonliability under the EU and US safe harbour provisions for online intermediaries.

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