All About Linking

All About Linking

Website Links

The proliferation of information available on the World Wide Web has introduced some interesting nuances to the interpretation of copyright law. A hyperlink can be thought of as providing directions to a source of information. Looking back at the exclusive rights of a copyright holder, you can see that this does not neatly fit under any of those descriptions. However, there are guidelines you should consider as you curate resources for course content.

In general, a text hyperlink does not constitute copyright infringement if:
  1. You do not knowingly link to an unauthorized copy of a copyrighted work.
  2. The website's terms of use do not prohibit it.
  3. You do not link in a way that implies endorsement or uses logos.
  4. Linked content opens in a new window.

Linking to an Infringed Work

In legalese, this is called contributory copyright infringement and you can be held liable if it is proven that you knowingly linked to an infringed work. To safeguard against this, ensure that you are employing reasonable due diligence in assessing the usability of your linked resources. This includes YouTube videos that contain copyright-protected material!

Website's Terms of Use

It is vital to check a website's terms of use prior to linking to any page of that site. Terms may provide conditions on types of linking or attributions. You can generally find the terms of usage either at the bottom of the website’s home page or in the menu. It may also be called “Legal,” “Linking Policy,” “Terms and Conditions,” or “Terms of Service.” Occasionally this is linked from a site’s Privacy Policy page.

Types of Linking

Sometimes a website will specify what kinds of linking are prohibited. It is important to know what these types of links mean to fully understand what is and isn't allowed.
First, you must locate any wording in the terms that involves a linking policy.

Tip: On the website’s terms of use page, search for “link.” Scan the results for any conditions that discuss inbound links/links to the site.

These are the types of linking that may be discussed on a website's terms of use:
  1. Deep link: Any link on the website that is not the home page
  2. Framing: A method of linking that displays a framed window of the linked website’s content
  3. Inlining: A method of linking that displays graphic files stored on another site; commonly referred to as "embedding"

Examples of Linking Terms of Use

No Links
Sometimes, a website will stipulate that you are not allowed to link to it in any way. For an example of a website that prohibits linking to it, go to the Cleveland Clinic website (my.clevelandclinic.org). Scroll down to the Site Information & Policies, and click on Website Terms of Use. Search for “link” within the page. You will see that this website specifically prohibits inbound links without written permission. 

You have three options when you want to use a website that does not allow linking. You can:
  1. Request permission to link to it.
  2. Provide the URL but do not link it. Students can copy and paste the URL to go to that site (not ideal!).
  3. Find a different resource!
No Deep Links
For an example of a website that prohibits deep linking, go to Nursing Times. Scroll down to Terms and Conditions and click on it. Locate Terms 6.2 and 6.3 (or search "link" on the page for easy location). You will see that this website specifically permits users to only link to the home page and to submit written requests to link to other pages.

If the terms prohibit deep links, you may link to the home page and then direct students on how to access the content within the website.
Example: “Go to Nursing Times and click on the menu in the upper righthand corner. Use the search bar to enter 'prenatal care' and read the article, 'Perinatal Pelvic Health Services: Adherence to Pelvic Floor Exercises' in the search results.”
If, through internet searching, you have found content that is a deep link, make sure 1) the site allows deep links and 2) you can navigate back to the home page to ensure the link does not bypass any account restrictions.

No Framing
For an example of a website that prohibits framing, go to Institute for Healthcare Improvement’s Terms of Use and scroll down to Linking to Us. You will see that this website prohibits framing their site. 

You will likely never have need to provide a framed link in your course development.

No Inline Links
For an example of a website that prohibits inline links, go to Nurse.com's Terms of Service and search for "link." You will see that this website prohibits inline links (in addition to framing).

Specific Wording of a Link
Occasionally, a website will require specific wording of a link that usually includes the organization's name. For an example of a website that stipulates the wording of a link, go to Robert Wood Johnson Foundation’s Terms and Conditions. Search for “link” within the page ("Links to the Sites"). You will see that this website specifies a “hypertext only” link that must be in the form “Robert Wood Johnson Foundation.”

No Conditions on Linking
Often, a website will not address linking to it. You can safely assume that it is okay to use a text hyperlink to any page of that site if the terms do not address linking. For an example of a website that has no conditions on linking, go to Merck’s Terms of Use. Search for “link” within the page. You will see that there are no prohibitions on linking to content on this website.

Attribution

Some websites stipulate that you must provide a specific attribution when you link to it.

Tip: On the website’s terms of use page, search for “attribut” (this will highlight “attribution” or “attribute”) and “credit.” These search terms will generally highlight the requirements of attributing the source.

For an example of a website that requires attribution:
Go to Khan Academy’s Terms of Service and locate Term 7.5 (or search for “credit”). You will see that, in order to share any of Khan Academy’s educational content, you must provide the attribution statement: “All Khan Academy content is available for free at www.khanacademy.org.”

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