Hyperlinking and copyright
Date
2022-03-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta
Abstract
This article critically considers the legality of hyperlinking to copyright-protected
material on the Internet. It considers the position with respect to standard hyperlinks,
and attempts to provide a possible approach in light of the proposed introduction of two
new exclusive rights, namely (i) the right of communication to the public; and (ii) the
making-available right. These new exclusive rights appear to be an attempt to amend
the South African Copyright Act in order to give effect to the 1996 WIPO Copyright
Treaty, which sought to ‘digitise’ copyright law in light of the digital technology that
had developed. The WIPO Copyright Treaty supplements, in particular, the rights
granted to copyright owners under the Berne Convention, extending the right of
communication to the public to include the making-available right. Use will be made
of the case law of the Court of Justice of the European Union, which has given
effect to the right of communication to the public (including the making-available
right), following its inclusion in the WIPO Copyright Treaty of 1996. Through
a more focused analysis of these exclusive rights, it is intended that this article can
provide some guidance to South African lawyers and our courts when considering the
application and scope of these exclusive rights.
Description
Keywords
Copyright -- Law and legislation -- South Africa, Internet -- Social aspects, Digital media -- Access control, South African Copyright Act
Citation
(2022) 139 SALJ 181