Legal Question in Intellectual Property in Florida

What is the copyright law regarding using links to websites on my website which is an incorporated non profit educational organization? Where could I learn more about this?


Asked on 12/11/09, 7:42 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

No copyright law restricts you from placing a link on your website to another website. However, if your website draws content into it from another website, you are likely violating the copyright of the website you are drawing from. There are many exceptions, though, one in particular for educational purposes. You should speak to an entertainment lawyer or a patent and trademark lawyer to learn more.

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Answered on 12/16/09, 8:12 am
Sarah Grosse Sarah Grosse, Esquire

In addition to what Mr. Rose has stated, it may be impermissible to link to other websites for additional reason. For example, the website link may contain the trademark (or be the entire trademark) owned by someone else, and use of another's trademark in this sense would imply to consumers that you are affiliated with or endorced by the linked website. The linked website owner may not appreciate the affiliation or implication of endorcement and request that you cease and desist. This "likelihood of confusion" as to source, affiliation or sponsorship is a violation of trademark law. The exception for use by a non-profit or for educational purposes (as fair use) is not the same in trademark law as in copyright law. Fair use in trademark law is only fair if there is no likelihood of confusion (even initial confusion) by consumers, and the use in no way tarnishes the reputation of the trademark owner. Even then, the potential tarnishment of reputation only has probative value when assessing damages for trademark infringement, not to whether you may continue to use the trademark (unless we're talking about trademark dillution law, and that's a whole 'nother can-o-worms).

You would be well served to simply get consent from the linked website owner(s).

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Answered on 12/16/09, 10:54 am


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