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9. 5. 2008
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Making linking legal

Our clients have been asking us about the legality of using external links (a link to another web site) within the content of their corporate web sites.

Although linking to other sites from your site without permission is a generally accepted practice, it is not without risk. In general, a link to another site’s home page is fine. Many content sites, however, prefer that you seek permission before bypassing their home page by linking to a page inside their site.

Although seeking advance permission is a task often skipped, it does have a benefit that is not initially obvious: many pages deep within a site may be moved, removed or be placed behind a log-in in a members-only area after a period of time. If you communicate with the site owner for permission before you link to their site, you can plan ahead.

Want to learn about linking to and using content from other sites without breaking the law? If so, the MVP Law Group has a terrific article (written for the layperson) called:

Getting Permission To Publish: Ten Tips for Webmasters

After all, with Digital Positions and i3SiteTools, our Site Management System, you are the webmaster!

And, YES, we did get advance permission to link to the MVP Law Group's article!

Comments (3)

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  • >> I think the article is misleading. Linking to another site is currently legal, deep links or otherwise. Even according to the article, there is no US law or court decision that would make linking illegal or suggest that it infringes on copyrights. I think where you get into potential legal trouble is where you blur the ownership of the content. That occurs with the techniques discussed in the article about "framing" or "inlining". If you're doing that sort of stuff on your site, then you probably should be concerned. - Mike Rankin
  • >> Thanks for the comment, Mike.

    And you're spot-on: linking is legal. Inlining, framing, posting PDFs of the original page content, etc are where folks get into legal trouble.

    However, our larger clients have expressed concern about the potential legal exposure. Unfortunately, should a site owner feel that there has been a copyright violation, the corporation still has to respond to the filing ... regardless of the legal precedent.

    More and more of our clients are seeking advance permission rather than asking for forgiveness.

    - David Taylor-Klaus
  • >> I also think that some content sites (no naming dropping here, but a simple web search should turn up results) actually have outlined in their Terms of Service and Acceptable Use Policy's that direct links to articles are not allowed. So most everyone should do their homework at least a little bit before linking away. - Eric Jones
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