Mexico: Copyright infringement by hyperlinking

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Mexico: Copyright infringement by hyperlinking

Sponsored by

olivares-400px.jpg
hyperlink-min-final.jpg

The use of hyperlinks may be considered as a trade-related copyright infringement under certain circumstances.

There are three types of hyperlinks: (1) deep linking: when a link redirects to another website where illegal works are hosted; (2) inline linking: when a link opens directly a file that contains a work; and (3) surface linking: when a link redirects to the home page of another website.

The first two types of links may be considered as an unauthorised use of works. In fact, in Mexico there is already a precedent in which our authorities determined a trade-related copyright infringement for the use of deep linking. The website that provides the links redirects to illegal websites that host works without the authorisation of the copyright or neighbouring rights holder.

Such activities are considered as an act of public communication of works by making them available to the public. So it becomes necessary to have the authorisation of the copyright or neighbouring rights holder to use works in such a way.

This trade-related copyright infringement may be confirmed by making the analysis, of such activities in light of the three-step test contained in the Berne Convention, which is the basis of every copyright exception:

  • Certain special cases.

  • Do not conflict with a normal exploitation of a work.

  • Do not unreasonably prejudice the legitimate interests of the author.

Hyperlinking is not a special case of exception: it conflicts with the normal exploitation of the work since the use of the work does not consider any kind of remuneration to the copyright owner and it prejudices the legitimate interests of the author since the original authorisation to use the work was different (in most cases, the use is authorised by a restricted access).

Exceptions to hyperlinking may be legally applicable when the three-step test is duly completed.

Llanes

Mauricio Llanes


Olivares

Pedro Luis Ogazón No 17

Col San Angel

01000 México DF

Tel: +5255 53 22 30 00

Fax: +5255 53 22 30 01

olivlaw@olivares.com.mx

www.olivares.com.mx

more from across site and SHARED ros bottom lb

More from across our site

News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Gift this article