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Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web
Hyperlinks serve as essential tools to communicate and disseminate information on the World Wide Web. As one commentator stated: ‘without hyperlinks, the web would be like a library without a catalogue: full of information, but with no sure means of finding it'.1 Unfortunately, hyperlinks may also b...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2022
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| _version_ | 1867614197829861376 |
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| access_status_str | Open Access |
| author | Neerooa, Sheik Issah Shehzaad-E-Ajmal |
| author2 | Ncube, Caroline |
| author_browse | Ncube, Caroline Neerooa, Sheik Issah Shehzaad-E-Ajmal |
| author_facet | Ncube, Caroline Neerooa, Sheik Issah Shehzaad-E-Ajmal |
| author_sort | Neerooa, Sheik Issah Shehzaad-E-Ajmal |
| collection | Thesis |
| description | Hyperlinks serve as essential tools to communicate and disseminate information on the World Wide Web. As one commentator stated: ‘without hyperlinks, the web would be like a library without a catalogue: full of information, but with no sure means of finding it'.1 Unfortunately, hyperlinks may also be utilised to enable copyright infringement.2 Copyright protected works may be disseminated on the internet without the authorisation of the copyright owner using hyperlinks. Accordingly, effective legal rules are necessary to not only safeguards the rights of copyright owners but to also preserve the fluid communication and dissemination of information on the internet. The dissertation will have the aim of analysing the approaches taken by the European Union's (EU) courts and the Unites states of America's (US) courts in dealing with hyperlinking to copyright protected works. The terms necessary for the proper understanding of the dissertation will be first outlined. It will then be determined if the EU originally offered a satisfactory solution to the hyperlinking issue. Thereafter, it will be explored if the EU currently effectively addresses the legal treatment of hyperlinking under copyright law. The approach taken by the US will then be critically analysed. Moreover, the dissertation will also have the goal of recommending how these jurisdictions should refine their laws to tackle future hyperlinking cases in an effective manner. Finally, it will be proposed which approach SA should favor when dealing with hyperlinking to copyright protected works. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/36021 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:48:13.426Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/36021 Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web Neerooa, Sheik Issah Shehzaad-E-Ajmal Ncube, Caroline Intellectual Property Law Hyperlinks serve as essential tools to communicate and disseminate information on the World Wide Web. As one commentator stated: ‘without hyperlinks, the web would be like a library without a catalogue: full of information, but with no sure means of finding it'.1 Unfortunately, hyperlinks may also be utilised to enable copyright infringement.2 Copyright protected works may be disseminated on the internet without the authorisation of the copyright owner using hyperlinks. Accordingly, effective legal rules are necessary to not only safeguards the rights of copyright owners but to also preserve the fluid communication and dissemination of information on the internet. The dissertation will have the aim of analysing the approaches taken by the European Union's (EU) courts and the Unites states of America's (US) courts in dealing with hyperlinking to copyright protected works. The terms necessary for the proper understanding of the dissertation will be first outlined. It will then be determined if the EU originally offered a satisfactory solution to the hyperlinking issue. Thereafter, it will be explored if the EU currently effectively addresses the legal treatment of hyperlinking under copyright law. The approach taken by the US will then be critically analysed. Moreover, the dissertation will also have the goal of recommending how these jurisdictions should refine their laws to tackle future hyperlinking cases in an effective manner. Finally, it will be proposed which approach SA should favor when dealing with hyperlinking to copyright protected works. 2022-03-10T09:45:03Z 2022-03-10T09:45:03Z 2021 2022-03-08T11:58:36Z Master Thesis Masters LLM http://hdl.handle.net/11427/36021 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Intellectual Property Law Neerooa, Sheik Issah Shehzaad-E-Ajmal Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web |
| thesis_degree_str | Master's |
| title | Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web |
| title_full | Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web |
| title_fullStr | Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web |
| title_full_unstemmed | Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web |
| title_short | Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web |
| title_sort | liability for disseminating in the digital age copyright law and hyperlinking on the world wide web |
| topic | Intellectual Property Law |
| url | http://hdl.handle.net/11427/36021 |
| work_keys_str_mv | AT neerooasheikissahshehzaadeajmal liabilityfordisseminatinginthedigitalagecopyrightlawandhyperlinkingontheworldwideweb |