“Hyperlinks – A brief introduction to the admirable world of content association mechanisms”

Sofia de Vasconcelos Casimiro, TMT’s practice consultant, writes about search engines and links in the “Hyperlinks – A brief introduction to the admirable world of content association mechanisms” article, for the Direito Intelectual magazine. The article

article explores the concepts, taxonomy and some of the legal aspects of the use of hyperlinks, divided into two major areas. The first section analyses whether the mere act of making a hyperlink available can infringe third parties’ rights over the content to which that hyperlink gives access, and, consequently, whether the provider of the hyperlink should ask for consent before he makes it available. The second section analyses the possible liability of the hyperlink provider regarding the content to which the hyperlink gives access, whether it concerns an illicit content or even a licit content. In this last case, the limitation on the use of hyperlinks determined by privacy concerns and, in particular, by the right to be forgotten, is also addressed.