Posted tagged ‘Defamatory Material’

to LINK or not to LINK?

April 13, 2010

As interactivity is the distinctive nature of the Internet, linking is the soul of the Web. By creating hyperlinks, the Internet users are enabled to quickly shift to related content sources. This practice has been used by Web designers to have linked their Web pages with other Web pages without requesting or obtaining permission from the owner of the linked page. 

But is it illegal to link to any Web site you want to? Probably not! As I mentioned earlier, linking is the core of World Wide Web. Therefore, imagine for a second linking were not permitted legally, the Web would no longer exist!

In general there are disputes involving linking in four types:

  1. The Linking Page uses Copyright or Trademark protected text or images from the Linked Page.
  2. The Linking Page does not link to the Linked Page’s “Home Page” but instead links to an internal page of that Web site.
  3. The linking Page links to the Web site that carry Defamatory material or display Infringing copies of copyrighted works.
  4. The Linking Page uses frames to link to the content of Web site, can mislead to and confuse the viewers of the Linked Page as the  owner of the Linked Page.   

Linking from your Web sites to other Web sites can be a commercial potential or a powerful communication tool for your business but be aware of where and how you link! Let me know what you think.

Source: Bitlaw. Read the Linking and Liability.