I have been answered on this site before that that linking to copyright protected material is not illegal, while linking to

Asked 9 months ago - Chicago, IL

material that infringes a copyright is illegal...is there a difference between the 2 situations?, and how to determine that such a material is infringing a copyright?

Attorney answers (4)

  1. Alan James Brinkmeier

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is time for a lawyer, not a website, to discuss what claims you may have. AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

  2. Frank Anthony Natoli

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Of course, the vast majority of links in the universe will point to copyright protected material. We can conclude that merely linking to the material is not illegal.

    What I believe you are hinting at is a concept known as secondary liability and in this context contributory infringement. So if you assist another in their infringing activity you may be held liable as well. While these type of actions occur they are rare and often hard to prove out. That said, you really have to consider the big picture of your operation to determine whether you are likely to be exposed here. We simply do not have those details.

    I suggest that you reach out to a lawyer of your choosing (perhaps several) for a free phone consultation and get some insights once your specifics can be fleshed out.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (See Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  3. Bruce E. Burdick

    Pro

    Contributor Level 20

    Answered . You said it, you "have been answered". That being the case, go hire a lawyer if you want more. Avvo is for finding a lawyer, not for avoiding hiring a lawyer as you seem intent on doing.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  4. Daniel Nathan Ballard

    Contributor Level 20

    Answered . See my comment to my response to your previous question.

    The above response is general information ONLY and is not legal advice, does not form an attorney-client... more

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