20 July 2017

Linking To Infringing Materials Is Not A Copyright Violation

The record is clear that Defendant neither stored nor posted the videos on its website. Instead, third party websites self-evidently did so: the first video is stored on YouTube and the other two on www.elocallink.tv website. Defendant merely linked to those videos on its website, and the links, when clicked, direct users to YouTube and www.elocallink.tv websites. Defendant does not copy, display, or encourage the users to share the videos on its website; although the third party websites appear to do so. More critically, and relatedly, Plaintiffs cannot establish on the facts adduced here that, by merely linking to those videos, without anything more, Defendant displayed the videos publicly.
Nakada + Associates, Inc. v. City of El Monte, 2017 WL 2469977 (C.D. Cal. June 2, 2017).

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