Can a Hyperlink Constitute an Infringement of Copyright?

Pureum, Choi
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As the population of the internet has grown, new methods of sharing information amongst internet users have been notably various and have become incredibly diverse. Hyperlinking is one of the core technologies associated with the internet. It is a neutral technology that is not bound to formation or the content of a linked website. Additionally, the internet is also a neutral technology as it is not subordinate to any formation of information or physical elements of networks. However, this technology neutrality, or technological neutrality, is the reason why hyperlinking cannot be independent from copyright infringement issues. After being hyperlinked, the internet users can gain access to linked content merely by clicking it without any difficulty. Therefore, it can be debatable that linked contents protected by copyright are or are not a copyright infringement. In this respect, this article discusses arising legal issues regarding hyperlink and copyright infringement focusing in particular on Korean copyright cases related to hyperlinking.
hyperlink, making available right, copyright