Can you infringe copyright by hyperlinking to another publisher's public material?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

The assertion that one cannot infringe copyright by hyperlinking to another publisher's public material is grounded in the principles of copyright law. When material is publicly available, it often indicates that the owner has consented to allow this information to be shared or accessed freely, which includes the use of hyperlinks.

Hyperlinking serves as a means of referencing content available on the internet and does not necessarily convey the information in a way that violates the original copyright. Instead, it directs users to the source, maintaining the integrity of the original work and often promoting it.

Additionally, copyright laws typically permit the linking to public material because these works are intended for public access. Therefore, if the material is indeed public, hyperlinking to it does not constitute copyright infringement as there is no unauthorized reproduction or distribution of the original content.

This understanding aligns with numerous legal precedents that have categorized hyperlinks as non-infringing when they connect to material that does not require permission for access.

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