Mexico: Copyright infringement by hyperlinking

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Copyright infringement by hyperlinking

Sponsored by

olivares-400px.jpg
hyperlink-min-final.jpg

The use of hyperlinks may be considered as a trade-related copyright infringement under certain circumstances.

There are three types of hyperlinks: (1) deep linking: when a link redirects to another website where illegal works are hosted; (2) inline linking: when a link opens directly a file that contains a work; and (3) surface linking: when a link redirects to the home page of another website.

The first two types of links may be considered as an unauthorised use of works. In fact, in Mexico there is already a precedent in which our authorities determined a trade-related copyright infringement for the use of deep linking. The website that provides the links redirects to illegal websites that host works without the authorisation of the copyright or neighbouring rights holder.

Such activities are considered as an act of public communication of works by making them available to the public. So it becomes necessary to have the authorisation of the copyright or neighbouring rights holder to use works in such a way.

This trade-related copyright infringement may be confirmed by making the analysis, of such activities in light of the three-step test contained in the Berne Convention, which is the basis of every copyright exception:

  • Certain special cases.

  • Do not conflict with a normal exploitation of a work.

  • Do not unreasonably prejudice the legitimate interests of the author.

Hyperlinking is not a special case of exception: it conflicts with the normal exploitation of the work since the use of the work does not consider any kind of remuneration to the copyright owner and it prejudices the legitimate interests of the author since the original authorisation to use the work was different (in most cases, the use is authorised by a restricted access).

Exceptions to hyperlinking may be legally applicable when the three-step test is duly completed.

Llanes

Mauricio Llanes


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and ros bottom lb

More from across our site

Sources say they have found the social media platform Bluesky to be a good place to post IP content, while others plan to watch the site closely
The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Gift this article