Re: framing

On Fri, Jan 14, 2000, Keith Taber <keith[_at_]drylaw.com> wrote:
>
> I just got back from a lunch where a West Rep. was recommending
> "framing" as a way to keep traffic on your website. I know that
> there has been recent caselaw on the copyright issues involved in
> "framing" but I can't remember the cases off the top of my head --
> any help would be appreciated. Especially links to sites with
> discussions.

Only two cases on "framing" have gone to publicized litigation. The first, Washington Post et al v. TotalNews, ended in a settlement whereby the defendant agreed to stop framing. The second, Futuredontics v. Applied Anagramics, was arbitrated to a conclusion, but it did generate two interlocutory opinions. Neither of the published opinions reaches a decision as to whether framing is or is not a copyright infringement ... but the 9th Circuit's unpublished opinion at 1998 U.S. App. LEXIS 17012 (July 23, 1998) upheld the district court's denial of a preliminary injunction, holding that the issue was sufficiently novel as not to be resolved without trial on the merits, since prior case law relied on by both parties was not sufficiently on point to sustain either a preliminary injunction or a dismissal.

The District Court's denial of p.i. is at: 1998 U.S. Dist. LEXIS 2265 (C.D. Cal. 1/30/98). Plaintiff relied on Mirage Editions Inc. v. Albuquerque A.R.T. Co., 856 F.2d 1341 (9th Cir. 1988) for the position that the framing constitutes the infringing creation of a derivative work; Defendant relied on Louis Galoob Toys Inc. v. Nintendo of America Inc., 964 F.2d 965 (9th Cir., 1992) for the position that no derivative work is created by framing, since no portion of the copyrighted work is incorporated in a concrete or permanent form.

> Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
>

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