Lake Worth, FL asked in Copyright and Intellectual Property for Florida

Q: Can links be intellectual property?

Heres the dilemma: Person 1 runs a Nike monitor and pays for it to give out Nike links to members that paid a subscription which allows them to get hype releases first. Person 2 else just posted a link from that Nike monitor (using the monitor's domain) to the public for free. Does that infringe intellectual property or anything else?

1 Lawyer Answer
James L. Arrasmith
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A: In general, mere URLs or links themselves are not considered intellectual property. However, the issue here isn't just about the link but about the service Person 1 provides. If Person 2 is accessing Person 1's paid service and redistributing its contents without permission, there may be a breach of the terms of service or contract between Person 1 and their subscribers.

Additionally, if the monitor involves original content or a unique compilation, there could be copyright considerations. It's also worth noting that if Person 2's actions harm Person 1's business, there may be grounds for a claim based on unfair competition or related doctrines. It's essential to review any agreements in place and the nature of the content being distributed.

If you're concerned about this issue, consult with an attorney familiar with intellectual property and contracts in your jurisdiction.

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