Navigating Liability: Copyright Infringement By Linking In India
- IJLLR Journal
- Apr 13, 2025
- 1 min read
Manali Atpadkar, BALLB, LLM (IPR), Maharashtra National Law University Mumbai.
ABSTRACT
In the digital era, linking—whether it be deep linking, embedding, or the use of hypertext links—has become an integral part of how information is shared and accessed online. This paper aims to address the liability of copyright infringement by way of linking, if at all it amounts to copyright infringement. However, the ease and prevalence of linking raise significant legal questions, particularly in the context of copyright infringement. This paper explores the various forms of linking, the legal landscape surrounding this issue in India, comparative analysis of these legal frameworks with that of other countries.
The paper suggests potential improvements to better regulate and restrict copyright infringement via linking, aiming to strike a balance between protecting intellectual property rights and preserving the free flow of information online.
The aim of the study presented is to understand the legal implications of linking practices on the internet, particularly concerning copyright infringement in India. Aim is to understand the specific type of linking involved, the link provider's knowledge and intention, the presence or absence of consent from the copyright holder, and the relevant legal frameworks of different jurisdictions to determine liability. The as technology continues to evolve, legal frameworks surrounding linking practices will need to adapt to address the evolving digital landscape's challenges and opportunities.
Keywords: Linking, Copyright, Copyright Infringement, Communication to public, Moral Rights, Liability for linking.
