Mexico: Copyright infringement by hyperlinking

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Nigel Stoate, head of Taylor Wessing's award-winning UK patents team, tells us about his team’s UPC successes and why collaboration is king
Camilla Balleny, who spent a decade at Carpmaels & Ransford, will become the firm’s first head of patent litigation, Managing IP can reveal
Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Gift this article