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This expedient has been challenged as copyright infringement. See the Arriba Soft and Perfect 10 cases (below). In the Perfect 10 case, Perfect 10 argued that Google's image pages caused viewers to believe they were seeing the images on Google's website. The court brushed this argument aside: "While in-line linking and framing may cause some ...
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
that anyone who browsed the three websites was infringing the plaintiff's copyright by making a copy of the material and; that the defendants actively encouraged the infringement of the plaintiff's copyright. [3] The plaintiffs also argued that they had demonstrated a likelihood of success and that there was a presumption of injury, and
Inline linking (also known as hotlinking, piggy-backing, direct linking, offsite image grabs, bandwidth theft, [1] and leeching) is the use of a linked object, often an image, on one site by a web page belonging to a second site. One site is said to have an inline link to the other site where the object is located.
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
In both cases, the court exonerated the use of deep linking. In the second of these cases, the court explained (speaking of defendant Google, whom Perfect 10 had also sued) why linking is not a copyright infringement under US law:
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Restoring the removed allegedly infringing material in compliance with this process does not cause liability of the OSP for copyright infringement of the material. [20] There is a common practice of providing a link to legal notices at the bottom of the main web page of a site. [21]