Author: Christopher Hamel-Smith
Hypertext links are among the most familiar features of the World Wide Web. These links - usually identified by highlighted text or images on a Web page - allow users to jump directly to another Web page. The user can do so by simply pointing and clicking on the link, without regard to the location of the second Web page. Web sites routinely provide links that direct users to other parties' Web sites, hosted on different computers located across the globe.
In many ways links define the Web experience. They greatly facilitate navigation across the vast resources of the Web, providing us with powerful way to find relevant Web pages and to move from one source of information to another. We can therefore support our e-commerce strategy by adding a collection of relevant links to our Web site in order to make it a more useful resource for users and to attract additional visitors.
From a technical perspective, it is a simple matter to create a link from our Web site to another Web site without reference to the operator of the second Web site being linked to. By including links on our Web site we usually benefit the sites being linked to since our links bring additional visitors to these other sites. Most commentators agree that that there is generally no legal requirement to seek prior permission to link to the home page of another Web site, unless the publisher has taken positive steps to restrict its availability.
However, there are a number of important exceptions to this general rule. And the inclusion of links on our Web sites can raises difficult issues about potential infringement of copyrights and other intellectual property rights of others, exposing us to legal risks. We need to be aware of these risks and some of the practical steps that we can take to manage and mitigate them.
One of the problems posed by the use of links is that they can by-pass the home page of a Web site by allowing the user to jump directly to a Web page that is located deep within that site. This technique, known as "deep linking", can be very convenient for users who get direct access to the content on the second Web site that is most relevant to them. Another is that links can also be used on a Web site in ways that make the content of a second Web site appear to belong to the first site. This can be done by making use of what are known as "inline links" which causes images from another site to appear as an integral image within a Web page on the first site containing the link. It can also be achieved by the use of "frames".
Essentially, frames allow Web designers to divide Web pages into separate windows that operate independently of each other. For example, frames can be used to keep a table of contents in one frame and the substantive material in another. They can also be used for the important commercial purpose of keeping advertising material constantly in the view of users, even as they scroll and navigate through the content provided on the Web site. However, frames can also be combined with links to incorporate content from another's site and to surround such content with one's own images and advertising materials.
The use of deep links can cause the user to by-pass the advertising material displayed on the Web sites home page and can seriously reduce its revenue from such advertisements. And the use of inline linking and frames can allow the owner of one Web site to profit from materials that have been created by others. It is hardly surprising, therefore, that there has been considerable controversy and a number of disputes concerning the use of these techniques. Indeed, there has already been substantial litigation concerning the use of unauthorized links in the United States, the United Kingdom and elsewhere.
As always, an ounce of prevention is worth a pound of cure. When developing or expanding your Web site to support your company's e-commerce strategy, you should take the precaution of seeking permission before including any inline or deep links. Similarly, you should only display content from another's site within frames when you have prior permission to do so. Of course, the existence and the terms of such permission should be properly documented, with a formal linking agreement being drawn up where appropriate.
Unless you have documented permission to go further, you should limit yourself to providing a link to the home page of another site, with its "URL" (e.g.www.thirdparty.com) appearing in the users' browsers after he follows your link. The unauthorized inclusion of other links can expose your company to the risk of expensive litigation, involving quite novel and difficult intellectual property issues, in one or more foreign jurisdictions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
