Posting hyperlinks to copyrighted content is not direct copyright infringement of that content; some similar acts may create liability for your business.
Many types of businesses, namely those who operate blogs or otherwise deal in information, send links and post to copyrighted material. Many of these businesses are aware that merely posting a link to copyrighted material is not direct infringement of the copyright in that content; indeed, many of these businesses make a living off the advertising on their pages, which pages essentially offer as their only value a link to copyrighted material. This article is an attempt to identify the limits of the rule that posting a link to copyrighted material is not direct infringement, and to help indicate where pitfalls may lay.
The General Rule
A federal court in New York recently held that sending an email with…