Linking to Infringing Works on the Web

Dear Friends:

Is there any case law addressing the following scenario?

A webmaster digitizes in full a work still protected by copyright. Without checking with the rights holder he/she places the work on the internet. Contacted later, the rights holder objects to the presence of their work on the web, but the webmaster in question leaves the work on their website.

A third party cites the infringing online version of the work. This party adds a link to this version of the work to encourage interested visitors to read it.

Thanks!

Bob

Rev. Robert E. Smith
Electronic Resources Librarian
Concordia Theological Seminary
Fort Wayne, Indiana
"Translatio traditio est."

• attr. St. Jerome