Margaret Esquenent and Danny Awdeh, in Finnegan's Trademark and Copyright Practice Group, examine in their article several infringement cases that have arisen due to the use of hyperlinking as a means of displaying copyrighted works on websites.
The article notes that Live Nation Motor Sports Inc. v. Davis and Perfect 10 Inc. v. Google Inc. are important decisions for what may become a widely litigated issue. Esquenet and Awdeh conclude, "Unfortunately, the decisions do not give clear guidance to either website operators whose sites contain hyperlinks to copyrighted works or to copyright owners whose works appear on third-party websites through linking. Under Live Nation such links may give rise to direct infringement, while under Perfect 10 they may only give rise to secondary liability, if at all."
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