Re: Links from Web page to other Web sites

Evelyn Poole-Kober <epv[_at_]hpcc.epa.gov> wrote:
>
> Over the weekend, I was helping my neice with a class assignment to
> create an imaginery Web page using an industry. Several toy
> manufacturers include terms and conditions of use regarding their web
> sites. Mattel Media <http://www.mattelmedia.com/> statement reads:
>
> "...Without Mattel's prior written permission, you may not reproduce,
> distribute, modify, display, prepare derivative works based on,
> repost or otherwise use the content of this Web site, ...."
>
> Does this mean that one cannot link to the web site without permission?

Linking does not, in general, implicate any of the activites referred to above. One possible exception is presenting a linked-to site within a "frame" of the linking site, which might be considered preparation of a derivative work. Linking between commercial sites could raise additional, non-copyright, issues, such as trademark infringement, trademark dilution and unfair competition.

For a more detailed analysis of the legal issues surrounding linking, see my article "Links" at http://www.itpolicy.gov.il/english/links_e.htm .

By the way, nothing prevents a person from asking permission to link to another site- and there are those who would see such behavior as common courtesy on the Net.

Brian Negin, Adv.
Legal Advisor
Israel Central Bureau of Statistics
Israel Government Internet Committee
HaKirya, Romema
Jerusalem, Israel 91130
Tel: 972-2-6553200
Fax: 972-2-6553543
Email: negin[_at_]cbs.gov.il