Website
owners should use hyperlinks carefully, such as by checking they are not
linking to subscription-only content and that the terms of the site linked to
permit such an action.
Under the
directive, right holders have the power to control the online communication to
the public of their works – the so called "communication to the public
right".
“The door
was left open to find the right infringed where for example the hyperlinks
point to material only available via a subscription.
if the website linked to expressly
prohibited links or required prior permission in its website terms and
conditions or what if these terms prohibited commercial re-use.