Website Linking, Framing, and Inlining

Intellectual property laws have made tremendous strides since the early days of the internet. Initially, it was unclear if copyright or trademark law applied to the World Wide Web. Today, business laws have caught up with internet users.

Small business owners should know that using frames, deep links, and other people's graphics can lead to problems. Using website linking tricks can increase your hits and make your own website more robust and attractive. But without proper permissions, you may find yourself on the receiving end of an unfair competition lawsuit.

The following information will get you up to speed on these issues. For more, see FindLaw's Internet and E-Commerce section.

Legal Issues with Linking

Everyone knows how hypertext links work. Very few people want restrictions on where and how such embedding happens on a webpage. But, some business owners and website designers want their website content to be separate from other websites.

Copyrights and sometimes trademarks protect all websites as copyrighted work. If owners and providers can show that someone has infringed on their material, they can have offending links removed.

Deep Linking

Deep linking is the practice of linking to the internal pages of a website, bypassing introductory pages and other material that would normally precede the linked website (such as advertisements). As a result, many small businesses have suffered from this loss of ad income. Also, when one website deep links to another, it could confuse users into thinking the two sites are related.

In 2006, a judge in Texas ruled that one motocross site that deep-linked to videos on another motocross site violated copyright laws. The judge ruled that the linking did not constitute a fair use of the copyrighted materials because the linked website was missing much of its advertisement money from its primary sponsor.

Trademarks Used in Linking

Another legal issue that has appeared recently is the use of trademarks in hyperlinks leading to other websites. This is a problem when a second user uses a trademark or a similar mark, and it would likely cause consumer confusion about the product or service's maker. When trademarks get used to link to a particular website, this could lead a consumer to believe that the offending website relates to the owner of the trademark in some way.

Trademark infringement can also happen with meta tag use. If website owners and coders place trademark names in their meta tag keywords, they face liability for trademark infringement. If the keyword usage draws searches away from the trademark owner's site and onto the infringer's site, that's infringement.

Copyright Infringement in Linking

Traditional website linking will rarely constitute copyright infringement. But, when someone knowingly creates a link likely to promote the unauthorized copying of copyrighted material, it will constitute contributory copyright infringement.

Like all other original content, the Copyright Act protects websites. Internet content has copyright protection as much as any other. But it's harder to prove infringement. Especially if the links from the infringing site to the copyright owner's site suggest the infringer was aware of the original page.

Frames

When a website "frames" something, it makes the contents of another website viewable from its own site. Framing may lead to legal issues involving copyright and trademark laws because the website arguably alters the appearance of the framed website. Also, the framing website may give the impression that the framed site endorses or is related to the offending site.

As of 2024, website framing is almost obsolete thanks to changes in HTML codes and the need for constant monitoring and updating. Framers use alternative methods to achieve the same effect.

Inlining

Inlining is an online protocol that allows a special type of link to get inserted into one webpage, allowing a viewer of that page to see the graphic file hosted on a separate webpage. For example, if a viewer of XYZ website can view the "picture of the day" from ABCD's webpage without leaving the XYZ page, then this would be an example of inlining.

Another interesting twist involving inlining has come with online image search engines. These problems arose when an image search engine would display the full images it found through its searches on its own webpage and not direct a user to the owner's page. A federal appeals court found that this practice amounted to copyright infringement. If an image search displays only a lower-resolution, thumbnail-size image, the display would constitute a fair use of copyrighted materials and would be legal.

General Rule: Ask Before You Use

The simplest way to avoid legal problems associated with linking, framing, and inlining is to ask for permission. Permission is rarely necessary for a regular hyperlink to the homepage of another's website, but these types of links may require permission:

• Deep links that bypass a website's homepage and advertisements
• Links that use trademarked images from the site it links to
• Links resulting in framed web pages
• Inline links that display only certain parts of another website, often images or graphics

If you get permission, you and the content owner can sign a linking agreement that formalizes the understanding. This can be as formal as a written, signed contract or as informal as an e-mail conversation.

Disclaimers

Another way to avoid liability is to use disclaimers with links when a website designer can't get permission from the linked site. Such a disclaimer has a good chance of negating legal responsibility, but it is less legally sound than an explicit grant of permission. A disclaimer should either inform a viewer that the website is not endorsed by the linked site or waive liability for potential unlawful activity, or both.

For example, in a case involving two restaurants, both named "Blue Note," the court considered that the lesser-known restaurant had placed a disclaimer on its website that informed viewers that it was not related to the more famous restaurant.

Confused? Consider Calling an Attorney

As a business owner, you must wear many hats and spin an ever-increasing number of plates to become successful. But legal issues are complex, while legal disputes can potentially put you out of business. If you have questions about linking, framing, or inlining on your website, you may want to speak with a business and commercial law attorney specializing in web technology.