Document Type
Article
Publication Date
3-2002
ISSN
0021-0552
Publisher
University of Iowa College of Law
Language
en-US
Abstract
This Article contends that the basic premise of Sony---that context and effect must play a role in evaluating allegations of secondary liability for copyright infringement-has application beyond the isolated case of equipment manufacture. More specifically, I propose a modified Sony framework for evaluating secondary liability for linking to infringing content. While this approach repudiates the strict view of secondary liability in favor of a more nuanced analysis, it stops short of advocating wholesale immunity for linkers. To the contrary, I contend that certain links, like certain acts of direct infringement, threaten copyright law's incentives with few compensating benefits to the public and for that reason should be enjoined. Others, however, should be left undisturbed even when they appear to satisfy the elements for contributory or vicarious liability.
Recommended Citation
Stacey Dogan,
Infringement Once Removed: The Perils of Hyperlinking to Infringing Content
,
in
87
Iowa Law Review
829
(2002).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2606
