Inside Small Business | Small Business & Home Business Marketing

The legal side of linking

Michael E. Mangelson

As the volume and complexity of online information grows, aggregator websites are becoming increasingly useful and lucrative. Many websites aggregate news headlines that link within the originating news site to the originating news site’s page for a specific news story. This is called deep linking. These websites generate income through the sale of advertisements. The question arises as to whether such websites violate intellectual property laws.

In general, this type of deep linking does not violate trademark or copyright laws. Collecting and posting news headlines would probably not infringe the copyright of the originating site or constitute “passing off” the originating site’s work in violation of the federal trademark law under the Lanham Act. Similarly, linking directly to the originating site does not constitute copying of the content on that site, and newspaper headlines, unlike the articles they highlight, are generally not copyrightable. URLs of web pages, like addresses for streets, are also not copyrightable, so reproduction of the headline and URL on a website does not infringe the copyright of the originating site.

A related issue is whether deep linking implies an association between the two sites and is likely to confuse consumers as to the source of the content provided through the link, which is often referred to as “passing off”. The likelihood that the public will be confused is heightened if the linking site uses the originating site’s logos on its own site, or if the linking site “frames” the content of the originating page with the frame of the linking page. Nevertheless, the case law in this area suggests that deep linking does not infringe others’ trademark rights so long as the aggregating website makes it clear who the source of the link is.

In designing a deep linking website, the best practice is to avoid using trademarks, logos, slogans and trade dress of the originating site on the linking site. It is also wise to take steps to inform the users of your website that you are not affiliated with, sponsored by, or otherwise associated with the originating site. One method of achieving this is to attribute the headline and corresponding story to its source in close proximity to the link. And remember that absolutes that apply to every deep linking situation are rare, so consult with legal counsel who is familiar with your unique situations and knows the relevant law.

Author Michael Mangelson is Salt Lake City Chair of Stoel Rives’ Technology & Intellectual Property (IP) Section. For more information on IP Law, contact Michael at memangelson@stoel.com.

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How to Get Googled

Q&A with Adam Sorensen, Co-Founder of LavaLinx.com

Most small business owners understand the importance of having a strong online presence. But increasingly, simply having a website is not enough; it must be easy to find on the vast World Wide Web through top search engines like Google, Yahoo! and MSN. That’s where search engine optimization (SEO) comes into play. We spoke with Adam Sorensen, an expert from LavaLinx.com about SEO for small business owners. He has shared some of his knowledge.

Q: What is so beneficial about SEO?

A: First off, SEO (search engine optimization) is about optimizing your web pages for specific keyword phrases and helping those pages rank well in the search engines like Google. Websites that can make it to the front page of a search engine (the top ten) get almost all the traffic, so you’ll want to get your web page into the top ten results if possible.

A few of the reasons SEO is beneficial are that:

1. It drives targeted traffic to your website
2. As opposed to PPC (Pay Per Click) advertising like Google Adwords, it has longevity. With PPC when you stop paying, your traffic stops too.
3. Searchers trust organic (or non-advertised) search results more than PPC sites because they know any company can pay their way to the top with PPC.
4. With the right strategy, you can obtain more than one listing in the top ten results.

Q: What does it mean to optimize for certain keywords?

A: It is important to understand that the single most important thing you can do before optimizing is to decide on the keyword phrases that you want to go after. You don’t want to spend a lot of time, effort and money on a keyword phrase that either drives little traffic or won’t produce the desired results.

Having said that, there are two ways to optimize your web page. The first way is to optimize the HTML and the content. You’ll want to include your keywords – in a conservative manner – in the your title, meta and header tags, as well as your file names and site map. It’s also a good idea to use your keyword phrases in the copy of your website.

The second thing you’ll want to do for your web page is actually the most important, which is getting backlinks for your web page. This means that you’ll want to have other websites link to your web page.

Q: Tell me more about backlinks

A: The algorithms of the major search engines put a lot of weight on links, and the search engines are programmed such that what other websites say about your site is more important than what you say about your site. So, you’ll want to have a good strategy for obtaining links. Here are a few ways:

1. Submit your site to respectable directories.
2. Submit articles or blogs to Digg, Reddit or other social sites.
3. Buy links. This is a viable solution, but can be expensive. Major search engines frown upon the practice, so if you do buy links don’t over do it.
4. Trading links with other sites.
5. Write articles and submit them to article submission sites like articledashboard.com
6. Write press releases and submit them to online PR sites.
7. Use an affiliate program that doesn’t use a redirect on the backlink. I would recommend using directtrack.com or fusionquest.com.

Q: Small business owners have limited resources. Is it really worth the time to optimize a site instead of pay for keywords?

A: If you have a website the obvious answer here is yes. Most people think nothing of laying down a few thousand for their website, but put no effort into marketing that site. They somehow believe that if they build it visitors will come. On the Internet, with potentially millions of competitors in your industry, you either market your site or plan on getting little, if any, traffic.

Q: Is there anything your clients should avoid doing?

A: Yes. Here a few things to avoid doing when it comes to SEO

1. Don’t do link trading unless you have a way of checking your backlinks. In my experience about 40% of link traders try and cheat on you in some way.
2. Don’t cheat on link trades.
3. Once your site is optimized for you keyword phrases don’t worry about tweaking and playing around with the content too much. Remember, the most important thing to do in SEO is to get backlinks.
4. Don’t spam your pages with your keywords.
5. Don’t trade links with just any site. You want to avoid porn, hate and questionable sites. It is best to have industry-related trades.
6. Don’t buy links from questionable sources.
7. Don’t try and create backlinks to yourself off of multiple sites on the same IP.

Q: What is the number one SEO myth?

A: There are a slew of SEO myths out there. I think the one that bothers me the most is this: Having content relevant to the chosen keywords on your site is THE most important factor in SEO. In other words, many people think content is king. Well, it isn’t.

If content really were king and you had ten sites that were all on the same subject, well written and optimized, how would the search engines determine which site was most relevant? One of those sites is going to have to be first and one of those sites is going to have to be tenth. Well, Google found an answer for this and that is off-site influences, specifically link popularity or backlinks - sites linking to your site. Each site linking to you is a “vote” for your site saying, “this site is about so and so.”

This off-site influence is so strong that sites can rank extremely well for terms that don’t even exist in the site’s copy. If you search “miserable failure” on Google the #1 site is Biography of President George Bush. But search the copy on the homepage you’ll find that the term “miserable failure” does not even exist on the page. If content is king how can a site rank #1 for a term that doesn’t even exist on the page? Isn’t this telling us that content really isn’t king and that link popularity is really the reigning power?

About the Author
Adam Sorensen is the co-founder of LavaLinx.com and Lavaball.com. He has six years of experience working in the SEM industry. He has worked for many large online companies including About.com. You can contact him at adam@lavalinx.com.

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Top 5 Pay-Per-Click Tips

By Catherine Seda, Internet & search marketing veteran

You can’t resist it.

Looking at your computer screen, you nervously type keywords relevant to your business into a search engine. A list of web sites appears. Oh no! You spot several competitors. But where’s your site? You frown. It’s not there.

By not being at the top of search engines, you’re probably losing at least an extra $5,000 to $25,000 a month in business.

You need search engine marketing.

Want a stampede of hot prospects NOW? Then start with pay-per-click (PPC). It’s the easy way to attract new customers within days…maybe even within 15 minutes.

For $5, you can open an account then start bidding on keywords through Google AdWords (http://adwords.google.com), MSN Live Search (http://advertising.msn.com), and Yahoo! Sponsored Search (http://searchmarketing.yahoo.com).

In a few days—or maybe even within 15 minutes—your business can appear in a top position for as many keywords as you want. You only pay when search engine users click your ads.

Today, PPC is very competitive. So, is it still profitable? It sure is. That is, if you know the profit-protecting techniques. Otherwise, you could waste a lot of time and money.

Here are 5 PPC tips that’ll put more money in your pockets right away.

1. Choose the “Right” Keywords

The wrong keywords deliver clicks that don’t convert. Yikes. You don’t want traffic. You want SALES.

So…stay away from single-word keywords, for starters. Avoid broad, multiple-word keywords too. These get a lot of traffic; but few sales. With the wrong keywords, you could blow your budget in less than 24 hours. Ouch.

Start with highly-targeted keywords. For example, “gardening tools” is more targeted than “gardening.” Yet, “gardening tool kit” is even better. Provided you sell a kit, of course.

You’ll get fewer clicks from highly-targeted keywords, but more customers from those clicks. That means you’ll make a lot more money.

2. Don’t Bid on a #1 Position

I see this mistake over and over again. Don’t do it.

Do the highest positions get the most traffic? Yes. So, why am I telling you NOT to bid on a #1 position?

Because it’s almost never the most profitable position.

Remember, people comparison shop. I do. You probably do too. That means that if your ad is #1, shoppers will click it, visit your site and then hit the “Back” button to do more shopping. Now, they’re ready to buy from your competitor. Uh oh.

Here’s the simple solution: reduce your bid so that you’re not in a #1 spot.

This is a HUGE money-saving tip. Let your competitors over-spend on a #1 position. You now know to spend a lot less while getting their business.

3. Write Ads that Attract Buyers, Not Browsers

Anyone can get traffic from PPC. But do you really want a ton of traffic? Right, you want sales.

Yes, you’ve got to write ads that get clicked. Especially because generally speaking, Google and MSN (and soon Yahoo) rank ads based on the highest amount advertisers are wiling to spend, PLUS the highest click-through rate.

This model maximizes money for the search engines. But do they care if you get traffic but no sales? No.

So, be careful using “Free” or words that might attract browsers, not buyers. These words could skyrocket your sales. Or not. They will skyrocket your clicks so watch out.

It’s better to get fewer clicks if more of those people turn into leads or sales.

This copywriting tip will save you a fortune in clicks fees.

4. Make Your Landing Page Sell

Do not, I repeat, do not send PPC traffic to your home page.

With few exceptions, the home page is almost NEVER the most relevant landing page.

A “landing page” is the web page you send people to once they click your PPC ad.

Instead, send people directly to the page that matches their search. For example, a category page or product page. Ah…now you’ve gotten them one step closer to doing business with you.

Here’s a bonus landing page tip…test landing page designs.

Try using different words. Format your copy in another way. Use a new image. Even a small edit can make a huge impact to your bottom line.

In my new Search Marketing Mastery course, I show you two copywriting changes that made a PPC advertiser an extra $90,000 a month in sales. That’s a great incentive to test your landing pages, isn’t it?

5. Track Conversions, Not Clicks

Want to know which keywords make you money? Want to know which keywords waste your money?

There are winners and losers in your keyword list. By tracking conversions (leads or sales), by keyword, you’ll keep more money in your pockets!

The search engines offer free tracking tools. These tell you the number of conversions for each keyword.

And there many ad tracking tools that reveal how much money each keyword makes. By using this kind of tool, I discovered a client of mine was wasting $2,000 a month on one keyword. You bet we cut that keyword immediately. And the client saved $2,000.

And these are just a few profit-boosting tips.

If you’re new to PPC, use these tips to set-up a profitable campaign. If you’re already doing PPC, apply any of these techniques to squeeze higher profits from your campaigns.

Successful search marketing includes pay-per-click and search engine optimization (SEO). Be sure to use your best-performing keywords, ads and landing pages from PPC, to make your SEO campaigns more profitable too.

Catherine Seda is 10-year Internet & search marketing veteran, author of the best-selling book “Search Engine Advertising”, and columnist for Entrepreneur magazine. She teaches business professionals how to attract new customers, search engine spiders and the press SIMULTANEOUSLY. Entrepreneurs can increase their business by up to $100,000 in 30 days. Corporate marketers can increase their business by $1 million a month.

Ready to make an extra $5,000-$25,000 a month from PPC?

Find out how today at: www.SearchMarketingMastery.com

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