Working with the Web

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Linking to Other Websites

Links between web pages and from one website to another make navigation easier for site users and help them to find additional related information more quickly.

The following information answers some of the most common questions about linking within a website.

What are hyperlinks and deep linking?

What is a hyperlink?

A hyperlink is text or an image on a web page. When the user clicks on it, it acts as a link to:

  • A web page on another website
  • Another page in the current site,
  • A different place on the same web page
  • A document or other file that has been linked to the current web page.

The clickable text or image is usually presented in a different colour or underlined. Most hyperlinks link the user to the title page of the other site or its homepage URL.

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.

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.

However 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.

If deep links go to parts of a site other than the home page, this may cause the following problems:

  • The material may be presented out of its proper context
  • The user may think they are accessing your website and material and not the linked website
  • The user will not see any warnings or conditions contained in the home page. This may result in a claim that you are authorising copyright infringement or engaging in misleading conduct.

Other areas of law such trade practices and the tort of passing off are more relevant in this scenario. These are not described in this Website Tool Kit.

What is best practice when linking?

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.

It is recommended that deep linking does not occur without the permission of the website owner.

Does framing infringe copyright?

It is not clear whether framing infringes copyright, however as with deep linking, framing may cause the following problems:

  • The material may be presented out of its proper context
  • The user may think they are accessing your website and material and not the linked website
  • The user will not see any warnings or conditions contained in the home page. This may result in a claim that you are authorising copyright infringement or engaging in misleading conduct.

Other areas of law such as trade practices and the tort of passing off may apply in these circumstances. These are not described in this website toolkit.