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

Cookies Settings

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

Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Gift this article