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Re: "Right to Link" In the News

From: Bjoern Hoehrmann <derhoermi@gmx.net>
Date: Thu, 19 Sep 2013 17:32:14 +0200
To: Konstantinov Sergey <twirl@yandex-team.ru>
Cc: www-tag <www-tag@w3.org>
Message-ID: <582m395i0t0q10j26ud23sjnb5aosr6ts4@hive.bjoern.hoehrmann.de>
* Konstantinov Sergey wrote:
>3. Article 8 of the WCT states, that "authors of literary and artistic 
>works shall enjoy the exclusive right of authorizing any communication 
>to the public of their works, by wire or wireless means, including the 
>making available to the public of their works in such a way that members 
>of the public may access these works from a place and at a time 
>individually chosen by them."
>
>As we see, WCT undoubtfully states that the right of making a work 
>available to the public BY ANY MEANS belongs to author exclusively. 
>Publishing hyperlink to a work definitely makes it available in a sense 
>of WCT as it provides "a way that members of the public may access these 
>works from a place and at a time individually chosen by them". In that 
>sense linking is NOT the same as referring: when you're referring a 
>work, you state its name and catalogue number; when you link it, you 
>state WHERE to found it. URN of a work doesn't break author's exclusive 
>right, but URL does. The only question here is whether you'd be found 
>guilty of knowingly violating the copyright or not -- it depends whether 
>you'd be able to prove "fair use" or not. The link itself is illegal in 
>any case.

It might be helpful if you backtrack on your train of thought here. For
instance, the text above is about who can authorise something. It does
not say anything about the legality of "linking" without authorisation.
-- 
Björn Höhrmann · mailto:bjoern@hoehrmann.de · http://bjoern.hoehrmann.de
Am Badedeich 7 · Telefon: +49(0)160/4415681 · http://www.bjoernsworld.de
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Received on Thursday, 19 September 2013 15:32:52 UTC

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