This section presents a number of basic representations and guarantees, which are often included in the reflection link agreements. A lawyer can help you determine if these presentations and guarantees are appropriate and whether to add an additional language. A lawyer can help you determine what state laws should apply to the agreement and where is appropriate for litigation under the agreement. In order to prevent actions from being violated, a website curator should ask the authors of the original content for permission to link or use their content. Conservatives should receive this agreement, known as the “link agreement,” in writing and accept that the original content creator agrees to grant them a license to use content for a fixed period of time. Many liaison agreements contain automatic renewal clauses. A lawyer can help you decide if the inclusion of this term is the right one for you. However, the procedure known as online linking can lead to copyright infringement. Framing, another type of link, can claim liability not only for copyright infringement, but also for trademark infringement or dilution. It is also important to dissect content provider agreements from video-sharing platforms such as YouTube, as well as all copyright or brand licenses that platforms make available to their content providers.
In addition, a party may take several mitigating measures, including the creation of link agreements and publication exclusions, to reduce copyright and trademark liability for their related content. Teaching these standards is essential to preserving the value of your intellectual property. Some companies communicate these standards by providing a trademark or logo manual or policy (in this case, a copy may be attached as an exhibition or the agreement may reflect that a copy has been provided to the licensee). A lawyer can help you determine the appropriate materials that are available to communicate these standards, specifications and instructions. Conventional wisdom (and the Electronic Frontier Foundation) says that an unauthorized screenshot is an injury. However, the use of screenshots rarely arouses a complaint because either: (1) copyright owners do not want to complain about something that favors their business – for example, an online tutorial on using Microsoft Word or a book about setting up an eBay business, or (2) copyright owners think that use as fair use is probably excused. Although problems are not common, copyright owners sometimes complain — for example, Apple complained about the iPhone`s pre-screen screenshots. Some sites limit your use of screenshots in their user agreements. Like all licensing agreements, the purpose of a liaison agreement is to avoid a dispute. With the maturity of the network, these agreements are less and less necessary. By adding the term “non-exclusive,” the entity reserves the right to place links on other sites, enter into link agreements with other parties, and authorize the use of its trademarks in other promotions. Keep in mind that some forms of framing are perfectly legal.
For example, many websites use frames to organize their content. However, if you frame the content of another site, you enter a dangerous area. If you are not aware that a website is not opposed or that it has reached an agreement with the site owner, you must proceed carefully before framing the content. In the event that the licensee and/or company wishes to enter into an exclusive liaison agreement, a lawyer can help develop a language describing the terms of this exclusivity agreement.