Copyright Concerns When Creating A Website
Domain Name Concern
Trademark Concern
Defamation
Linking & Framing Concern
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Linking and framing concerns.
Links between pages are the raison d'etre for the world wide
web. Without widespread linking, the web as we know it would not
exist. Nevertheless, there are questions about the legality of such
connections. For those interested in more information on any of the
subjects below, Bitlaw also contains an
extended discussion of linking
liability.
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Derivative Work Created by Linking-In Images Found on Other
Sites.
When the image from another web site is incorporated into one's
own page by means of an unauthorized IMG link, there is no
direct copying by the creator of the link. Nonetheless, when the
visiting browser retrieves the image from the other web site and
combines it with the text on the current page, the creator of
the web site may be guilty of contributory copyright
infringement for creating a
derivative work.
Consequently, one should not include links to images found on
another party's web site without first getting permission.
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Passing Off.
One can also utilize a link to pass off another's work as one's
own. For instance, one could tell the reader to
click here
to see some of Brad Bolin's best original comics. The link leads
to a Doonesbury image which is falsely claimed to be
original to Brad Bolin. Consequently, the HREF link also is a
reverse passing off. Reverse passing off by using a link to
pass-off another's work as one's own most likely violates state
law governing competitive business practices.
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Defamation.
In addition to the type of direct defamation explained
above,
it should be noted that a link to another's page or image could
be defamatory, and hence subject someone to legal liability. An
example defamatory link would be: "Some
http://www.bitlaw.com/internet/<a%20href=">idiot
killed my cat, stole my invention, and threatened to destroy the
Internet." The statement itself does not identify the party. The
link itself (assuming it actually linked to someone) provides
the context that turns the statement into defamation.
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Trademark Infringement.
As explained
above,
trademark infringement occurs when one party utilizes the mark
of another in such a way as to create a likelihood of confusion,
mistake and/or deception with the consuming public. The
confusion created can be that the defendant's products or
services are the same as that of the plaintiff, or that the
defendant is somehow associated, affiliated, connected,
approved, authorized or sponsored by trademark owner. As a
result, any link that falsely leads the end user to conclude
that the web page author is affiliated, approved, or sponsored
by the trademark owner could lead to a claim of trademark
infringement.
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Problems with Frames.
Frames are used to subdivide web pages into multiple parts. In
most cases, frames are used only to show multiple pages of
content from the same site at the same time. For example, frames
could be used to divide a browser into two parts, with one part
containing an index for the web site and the second containing
content pages. While this type of use is perfectly legal,
problems can arise if a frame is used to show pages from two web
sites at the same time. The use of frames in this way can
mislead the viewer of a site as to the creator of its content,
possibly raising issues of copyright infringement, passing off,
defamation, and trademark infringement, just like the linking
situations described above. The party that developed the
Totalnews web site
found this out by using frames to show other news organizations
sites at the same time as showing their index and
advertisements. The other web sites were not amused, and
filed suit.
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