Yes, linking to infringing content could put you at risk of contributory liability for facilitating infringement, but if a website owner or other online service provider complies with DMCA requirements, it provides a safe harbor from contributory liability for facilitating access to infringing content. To qualify for this safe harbor, the website owner or other online service provider must meet the following criteria:
- No actual knowledge that the linked site contains infringing material;
- No reason to believe that infringement is occurring there (No facts or circumstances that should have made the infringement apparent);
- Expeditious removal of the link upon receiving a valid notice or upon acquiring knowledge of the infringing activity; and
- No financial benefit from the infringement.