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Copyright on the internet
 Is it permitted to link to other websites?
 Is it permitted to link to copyright infringing material in a third party website?
 Is it permitted to download music or movie files from file sharing software?
 Is it permitted to use photos taken from another website?
 Is it permitted to copy the design of a competitor's website?


Is it permitted to link to other websites?
Yes. There is no limitation on the mere linking to third party websites, except when the contents of the third party website are problematic - see question 2 below.
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Is it permitted to link to copyright infringing material in a third party website?

No.

In general, there are reservations from casting liability on a website which "innocently" links to another website, which consists on infringing material. Under US law (the DMCA Act) there are specific provisions which provide "safe harbor" defense to the linking website, provided that it meets certain requirements (which are related mostly to the "innocence" and passivenes of proprietor of the the linking website). However, under Israeli law there are no such specific provisions. Even if there are doubts as to the liability of the linking website under such circumstances, there is no doubt that linking to specific infringing materials (such as infringing MP3 files) in another website, which is done knowing that the third party materials are infringing (for example - after receiving notice from the copyright holder), shall constitute copyright infringement. Thus, for instance, referring users to infringing MP3 files in another website will probably be regarded as copyright infringement, even if the files themselves reside on the server of the third party and, prima facie, there is no direct involvement of the linking website. The circumstances of each case should be considered, but in any, event website owners should be aware of the risks involved in this regard.


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Is it permitted to download music or movie files from file sharing software?

No.

The activities conducted in file sharing software, whereby pirated music and video files are exchanged between users, is unlawful and forbidden. The only exception is when the file sharing software operates legally and consists only of legal files (such as Napster, in its current "life", after is lost in court to the representatives of the music industry).

Ever since the US Supreme Court judgment in the matter of Grokster and Kazaa, modern countries tend to allow the right holders to block the operation of infringing file sharing software, even when the software uses technologies that enables the users to share files directly ("peer to peer"), without the files residing on the servers of the file sharing software. Lately, right holders even started to pursue claims against end users who downloaded large amounts of infringing files.


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Is it permitted to use photos taken from another website?

As a general rule, the answer is no. Photographs enjoy the protection conferred by copyrights laws. Copying a photograph from another website and presenting it in your website may constitute copyright infringement (either of the photographer or the website owner, depending on the circumstances).

The question becomes more complicated when thumbnails are displayed, as is done in Google Images. The reason is that displaying only the thumbnail allegedly enjoys the fair use defense (on the fair use defense please refer to the relevant page on this website on copyright in Israel). There is no Israeli case law on this subject as yet. In the US there are conflicting decisions, whereby the last judgment given in this matter (Google v. Perfect 10, which involved highly unusual circumstances whereby the plaintiff, which was in the business of porn contents, used to sell also thumbnails of the porn images and, thus, was financially damaged by the defendant's display of the thumbnails) is currently under appeal. In any event, each case should be determined carefully and it is advisable to consult with a competent lawyer in this regard.


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Is it permitted to copy the design of a competitor's website?
No. Such copying may be problematic both from the aspect of copyright laws as well as trademark and unfair competition laws. This statement should be somehow limited, since it may be legal to design your website similar to a competitor's website, if such design is common in the market place and not distinctive to the competitor. However, this limitation should be regarded narrowly and applies only in very specific circumstances. Therefore, it is highly advisable to consult with a lawyer in this regard.
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