Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web

dc.contributor.advisorNcube, Caroline
dc.contributor.authorNeerooa, Sheik Issah Shehzaad-E-Ajmal
dc.date.accessioned2022-03-10T09:45:03Z
dc.date.available2022-03-10T09:45:03Z
dc.date.issued2021
dc.date.updated2022-03-08T11:58:36Z
dc.description.abstractHyperlinks 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.
dc.identifier.apacitationNeerooa, S. I. S. (2021). <i>Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/36021en_ZA
dc.identifier.chicagocitationNeerooa, Sheik Issah Shehzaad-E-Ajmal. <i>"Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web."</i> ., ,Faculty of Law ,Department of Commercial Law, 2021. http://hdl.handle.net/11427/36021en_ZA
dc.identifier.citationNeerooa, S.I.S. 2021. Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/36021en_ZA
dc.identifier.ris TY - Master Thesis AU - Neerooa, Sheik Issah Shehzaad-E-Ajmal AB - 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. DA - 2021_ DB - OpenUCT DP - University of Cape Town KW - Intellectual Property Law LK - https://open.uct.ac.za PY - 2021 T1 - Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web TI - Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web UR - http://hdl.handle.net/11427/36021 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/36021
dc.identifier.vancouvercitationNeerooa SIS. Liability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web. []. ,Faculty of Law ,Department of Commercial Law, 2021 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/36021en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.subjectIntellectual Property Law
dc.titleLiability for Disseminating in the Digital Age: Copyright Law and Hyperlinking on the World Wide Web
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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