To Link or Not to Link: The Use of Hyperlinks and Copyright Infringement

Abstract

In this article, I analyze recent developments of copyright law in the European Union (EU) and Canada in relation to hyperlinks and discuss how the issues have been dealt with by both jurisdictions with the aim of ascertaining how to reconcile the free flow of information on the Internet with the rights of copyright owners. Herein, I argue that whether a hyperlink to unauthorized content is in breach of copyright law should be judged holistically by adopting a pragmatic approach that balances the interests of rights holders and Internet users.