Lehre 4.0 | Legal Aspects of E-Learning
Setting links
According to jurisdiction, it is permissible without further explanation to link to external online content. This applies in any case to content that is freely accessible, i.e. without payment barriers or otherwise with access hurdles. Both normal hyperlinks and deep links are generally permitted. Deep links do not direct users to the home page of any website (hyperlink), but link "deeper" to this website, so that users do not have to navigate the website themselves. Such links are copyright neutral. On the one hand, it will generally be assumed that, in case of doubt, anyone or everyone who places the content on the Internet agrees to refer to the offer. On the other hand, the works located on a server of the copyright holder are not used by hyperlinks in a manner relevant to copyright. Neither are they reproduced (no further copies are made), nor are they made publicly accessible (they are already available online).
A restriction of the freedom of links applies to content that has been placed on the Internet without the consent of the holder of the rights, i.e. unlawfully, if the person setting the links knows of the unlawfulness of making it available (cf. Kreutzer/Hirche 2017: 77-78).