Most often, a website will connect to another in the form of a link (also known as a “hypertext” link), a specially coded word or image that when clicked upon, will take a user to another Web page. A link can take the user to another page within the same site (an “internal link”), or another site altogether (an “external link”). You do not need permission for a regular word link to another website’s home page.
Deep Linking. Despite some inconsistencies in early case law, it is generally agreed that deep-linking (a link that bypasses a website’s home page) is not copyright infringement—after all, the author of a novel can’t prevent readers from skipping to the end first if they so desire, so why should a website owner have the right to determine in what order a user can access a website? Although many websites—even the listener-friendly National Public Radio—have asserted rights against deep-linkers under both copyright and trademark law principles, the cases of Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir. 2003) and Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007), seem to have put the nail in the coffin for deep-linking disputes. Foreign courts general conform to this view, though there have been some anomalies.
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