Is permission required to link one Web site with another?

There is no clear answer. It is likely that a Web site that provides a link to another, without associating any content with that link, would not be subject to any claims by the owners of the linked Web site. However, if the link is associated with certain kinds of content, then a variety of potential claims might exist. These could include claims of defamation, invasion of privacy, copyright infringement, misrepresentation, negligence, trademark infringement and others. Since it is hard to imagine a link existing without any associated content, it seems wise to always seek permission before providing links to other Web sites.

Complements of James Burk, The Burk Law Firm, Washington, DC

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