This question raises a number of complex issues which have not been fully decided by the Courts. However, the likelihood of you being sued for copyright infringement as a result of such linking is low, and you can take steps to reduce that risk even further.
As you’ll appreciate, a hyperlink enables a user to access another site by clicking on a highlighted word or image on the webpage.
However, the opening of the page which is linked to does involve an act of copying, and may infringe copyright if done without permission of the owner of the third party site.
Having said that, social media platforms, such as Twitter, Facebook and Pinterest, generally encourage users to link to their site as it can raise their profile and increases traffic to their websites.
However, be aware that these social media platforms will all have specific terms and conditions (T&C’s) governing their use.
Often these platforms have more than one set of T&C’s relating to how you use the platform and it is important to take care to ensure that you abide by ALL of the applicable terms, to enable you to ensure you have the site’s permission to link to it.
For example, most, if not all of the platforms, will have some form of brand guidelines forming part of their T&C’s which forms part of its overall terms of use.
Branding guidelines set out how you should use the platform’s trade marks and logos and it is important to take note of these, particularly if you are linking to the platform.
Failure to follow the guidelines could result in you inadvertently infringing the trade marks of that platform if the link on your website is used in such a way that users of your site think you are economically linked or connected with that platform.
So, before you start linking your site to another platform, make sure you:
1. Check the T&C’s of the platform to ensure that you are permitted to link to the platform;
2. Be familiar with ALL of the platform’s applicable terms, and in particular any terms relating to linking to the platform’s site;
3. Avoid using the platform’s trade marks or logos as part of the link (unless you are permitted to do so by the platform); and
4. If what you wish to do is not permitted by the platform’s T&C’s, contact the platform and obtain written consent before going live.