Edited by Tanya Aplin
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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