Linking. Including links to another website on your website is not risk-free. Deep links (that bypass a home page and take the user directly to an internal page) in particular can cause disputes. Although not yet ruled to be illegal, deep linking angers some website owners who do not want visitors to bypass information and advertisements on the home page.

Framing. Framing is the process of dividing a Web page into separate framed regions and displaying the contents of someone else's site within a frame at your site. Generally speaking, site owners don't like having their content framed at another site, particularly without permission. At least one court has considered framing to be copyright infringement.

Inlining. Inlining (sometimes referred to as "mirroring") involves incorporating a graphic file from one website onto another website. In 2003, a federal court of appeals ruled that inlined links to thumbnail images was permissible as a fair use. However, the law is not clear as to whether inlined links to full sized images is permissible.

7. Don't Count on Fair Use

"Fair use" is a copyright doctrine which, in its most general sense, allows copying of copyrighted material done for a limited and "transformative" purpose -- for example, to review a text, make fun of a pop song, or quote a portion of a novelist's work.

The difficulty in claiming fair use is that there are no "definites," only general rules and varying court decisions. If you believe that your use qualifies but the copyright owner disagrees, you may have to resolve the dispute in a courtroom.

8. Remove Unauthorized Material

If someone complains that you are using material on your website without proper authorization, you should immediately remove that material. Even if you believe the use is legal, remove the material while you investigate the claim and, if necessary, talk to a lawyer.

Courts often respond favorably to attempts to "contain" the damage. In fact, a 1998 law states that an Internet Service Provider (ISP, the company that hosts the website on its computer server) can avoid liability by following certain rules, including speedy removal of the offending material.

On the other hand, continuing to use material after being notified that you are violating someone else's rights may aggravate the claim and increase your chances of having to pay money to the owner of the work.

9. Use Disclaimers

A disclaimer is a statement denying an endorsement of or affiliation with another site or company. For instance, if your website posts reviews of software and offers links to resellers, you might post a disclaimer in to the effect that your site does not endorse and is not affiliated with any of the software manufacturers or resellers listed at your site.

A disclaimer is not a cure-all for infringement, but, if a disclaimer is prominently displayed and clearly written, a court may take it into consideration as a factor that limits damages in the event of a lawsuit.

10. Visit Collectives or Clearinghouses

The most useful sources for licensable works and for permission information are copyright collectives or clearinghouses. These are organizations that organize and license works by their members. Here are a few examples of sites that license or provide permissions for various types of works:

• Written materials:
  • the Copyright Clearinghouse (www.copyright.com)
  • iCopyright (http://info.icopyright.com/)
• Musical performances:
  • BMI (www.bmi.com)
  • ASCAP (www.ascap.com)
• Song reproductions:
  • National Music Publishers' Association (www.nmpa.org)
• Photographs:
  • Corbis (www.corbis.com)
  • Time, Inc. (www.thepicturecollection.com)
  • istockphoto (www.istockphoto.com)
• Famous artwork:
  • Art Resource (www.artres.com)
• Cartoons:
  • The Cartoonbank (www.cartoonbank.com).

Even if you don't license from these sources, you can often find valuable research information in the event you need to speak with a songwriter, artist, or photographer.