As the volume and complexity of online information grows, aggregator websites are becoming increasingly useful and lucrative. Many websites aggregate news headlines that link within the originating news site to the originating news site's page for a specific news story. This is called deep linking. These websites generate income through the sale of advertisements. The question arises as to whether such websites violate intellectual property laws.
In general, this type of deep linking does not violate trademark or copyright laws. Collecting and posting news headlines would probably not infringe the copyright of the originating site or constitute "passing off" the originating site's work in violation of the federal trademark law under the Lanham Act. Similarly, linking directly to the originating site does not constitute copying of the content on that site, and newspaper headlines, unlike the articles they highlight, are generally not copyrightable. URLs of web pages, like addresses for streets, are also not copyrightable, so reproduction of the headline and URL on a website does not infringe the copyright of the originating site.
A related issue is whether deep linking implies an association between the two sites and is likely to confuse consumers as to the source of the content provided through the link, which is often referred to as "passing off". The likelihood that the public will be confused is heightened if the linking site uses the originating site's logos on its own site, or if the linking site "frames" the content of the originating page with the frame of the linking page. Nevertheless, the case law in this area suggests that deep linking does not infringe others' trademark rights so long as the aggregating website makes it clear who the source of the link is.
In designing a deep linking website, the best practice is to avoid using trademarks, logos, slogans and trade dress of the originating site on the linking site. It is also wise to take steps to inform the users of your website that you are not affiliated with, sponsored by, or otherwise associated with the originating site. One method of achieving this is to attribute the headline and corresponding story to its source in close proximity to the link. And remember that absolutes that apply to every deep linking situation are rare, so consult with legal counsel who is familiar with your unique situations and knows the relevant law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
