Summary

The functioning of the World Wide Web is largely based on the use of links, where a possibility is created to move from one web site to another related site. At the same time, one should observe the law in force when designing web sites and using links. The author focuses on the use of links and related legal aspects. First, the author examines the conditions where a web site may be treated as a work as defined in the Copyright Act and addresses authorship problems if works of other authors are used in creating a web site. Further, the author analyses the bases for differentiating reference links and framed links, the use of which may have different legal implications. Other concepts used in this field are also briefly tackled. The legal aspects of using reference and framed links are examined in the context of the Copyright Act and the Trade Marks Act, but also other legislation, which provides for the liability of those who design web sites. Since in Estonia there are yet no related court cases, the author discusses some cases in the USA where issues concerning the use of links have been raised. Finally, the author examines the points that a designer of a web site should bear in mind in order not to be hold legally liable for a violation of the rights of others.