Does a link of Internet page to the information placed in another Internet site infringe copyright?
Does a link of Internet page to the information placed in another Internet site infringe copyright?

Summary/Abstract: According to the material analyzed, following conclusions could be made: 1. Material presented on Internet must meet requirements to be protectable subject mater according to copyright law. 2. Placing of link in the Internet page does not involve copying by linking web page. Usage of links cannot cause direct copyright infringement by web page owner. 3. Copy of web page is made on computer of Internet user who is browsing the corresponding page. That copy is fixed in the computer’s RAM as well as in the hard disc. Even if copying is involved, user still has defense of fair use and cannot be charged with copyright infringement. (…) 4. Web site owner may be found liable for contributory copyright infringement. Link can be treated as tool encouraging copyright infringement if it enables to reach copyright infringing material. However, prerequisite for imposition of the liability is web site owner’s knowledge about contribution to dissemination of illegal material. 5. Deep links should not be found infringing copyright. Loss of revenues from advertisement and reduction of fair compensation according to Natural Law theory are main arguments for prohibition of deep links. (…) 6. If wording of the link duplicates headline of another author’s work, the link may be found infringing copyright only when headline is so long and requires such level of expression and originality that amount to copyrightable subject matter. 7. When embedded link is placed so that real source of material is unknown to Internet user the link infringes author’s right to public display. 8. When operation of link is set by web site creator in such way that linked web site is opened within the frame and can lead to confusion about source of framed material, the link infringes author’s exclusive right to public display. 9. Both embedded linking and linking through frames may constitute alteration of linked to material and infringe author’s exclusive right to prepare derivative works. (…)

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