National Copyright

4.5 Linking to other websites

(a) What is a hyperlink?

A hyperlink is text or an image on a webpage. When it is clicked on by the user it acts as link to another webpage or another place on the current webpage. The text or image usually is presented in a different colour or underlined. Most hyperlinks link the user to the name of the other site or its homepage URL.

(b) What is deep linking?

A deep link is sometimes referred to as an embedded link. A deep or embedded link directs the user to an inside page of a website and bypasses the linked site's home page.

(c) Does hyperlinking infringe copyright?

The law on hyperlinking is unclear. In general, by including a hyperlink, you are not actually copying. Most webmasters are happy for other sites to link to theirs provided the link goes direct to their home page as this will result in more hits on the site.

It is important to note if the link incorporates text or graphics (for example a news headline or a logo) it may infringe copyright and you may need permission from the copyright owner.

However in the case of deeplinking where links go to other parts of a site, this may cause the following problems:

Other areas of law such trade practices and the tort of passing off are more relevant in this scenario.

(d) What is best practice?

Adequate acknowledgment of the source website should be observed where any kind of links are used.

Requesting permission from the website owner is generally not required unless the link reproduces text or graphics or bypasses the home page of the website. As best practice it is recommended that deeplinking does not occur without the permission of the website owner.

(e) What is framing?

Framing means linking to another website in such a way that it is not obvious to the person accessing the page, that they are in fact viewing a different website.

(f) Does framing infringe copyright?

It is not clear whether framing infringes copyright, however as in the case of deeplinking above, framing may cause the following problems:

Other areas of law such as trade practices and the tort of passing off may apply in these circumstances.

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