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Linking, Framing, and Inlining
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Framing
"Framing" is the process of allowing a user to view the contents of one website while it is framed by information from another site, similar to the "picture-in-picture" feature offered on some televisions. Framing may trigger a dispute under copyright and trademark law theories, because a framed site arguably alters the appearance of the content and creates the impression that its owner endorses or voluntarily chooses to associate with the framer.
Example: A dental website, Applied Anagramic, Inc. framed the content of a competing site. The frames included information about Applied Anagramic as well as its trademark and links to all of its Web pages. A district court ruled that the addition of the frame modified the appearance of the linked site and such modifications could, without authorization, amount to infringement. Futuredontics Inc. v. Applied Anagramic Inc., 1997 46 USPQ 2d 2005 (C.D. Calif. 1997)
Inlining
"Inlining" is the process of displaying a graphic file on one website that originates at another. For example, inlining occurs if a user at site A can, without leaving site A, view a "cartoon of the day" featured on site B. IMG links -- a special type of link -- can be used to display graphic files on one site that are stored on another.
In 2002, a federal court of appeals ruled that it was not an infringement to provide inlined links to "thumbnail" reproductions, based on fair use principles ( Kelly v. Arriba Software, 280 F.3d 934 (9th Cir. 2002)). It is not clear, however, whether inlined links to full-sized reproductions constitute an infringement and -- until there is a clear ruling on that issue -- you should presume that inlined links to full sized reproductions are not automatically excused as a fair use. In 2007, a federal appeals court again permitted the use inlined links for thumbnail reproductions ( Perfect 10, Inc. v. Amazon.com, Inc. CV-05-04753-AHM (9th Cir., May 16, 2007)).
Getting Permission
The simplest method of avoiding linking, framing, and inlining problems is to seek permission, especially for these types of links:
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deep links that bypass a linked site's home page
- graphic links comprised of trademarks from the linked site
- links that result in framing, and
- IMG links that pull full-sized images from a site.
Once permission is obtained, you can sign a linking agreement. A linking agreement can be as informal as an email authorization stating, "You have permission to link to our website's home page using the words [insert the words in the link]."
Using Disclaimers
If a website owner is concerned about liability for links but is unable to obtain, or unwilling to seek, permission from the linked site, a prominently placed disclaimer may reduce the likelihood of legal problems. A disclaimer is a statement denying an endorsement for or from another site or waiving liability for a potentially unauthorized activity. A disclaimer is rarely a cure-all for legal claims, but, if a disclaimer is prominently displayed and clearly written, a court may take it into consideration as a factor limiting damages.
To minimize liability for any activities that occur when a visitor is taken to a linked website, a webmaster may want to include a linking disclaimer on its home page or on any pages with otherwise troublesome links.
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