RE: Linking to Infringing Works on the Web

From: Webb, Jere <JMWEBB[_at_]stoel.com>
Date: Tue, 20 Dec 2005 19:00:01 -0500

The general rule is that linking to a site where infringing material exists does not create contributory or vicarious liability, but there have been some exceptions.

Here are some references:

Linking to Infringing Site
In Batesville Services Inc. v. Funeral Depot, ___ F Supp ___ (SD Indiana November 10, 2004), the court refused to dismiss copyright infringement claims based upon providing links to infringing copies of protected works, holding that there was an issue of fact as to whether the website hosting the photographs had an implied license. The court refused to grant defendant's motion for summary judgment on the ground that defendant's involvement in placing the photographs on the host website took it outside of precedents holding that links to infringing material never amount to copyright infringement.

For a comprehensive article reviewing all aspects of linking law, see "The Link to Liability," 5 Internet Law in Business 231 (February 2004).

-----Original Message-----
From: Smith, Robert E. [mailto:smithre[_at_]ctsfw.edu] Sent: Tuesday, December 20, 2005 11:31 AM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] 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

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