Re: [CNI-COPYRIGHT] Framing in a.k.a. Branding outside Web Resources

Although I don't remember the case, there is at least one that finds improper use if one frames the web page of another, especially if it is an embedded link. One of the major points of copyright law is that the actual author get credit for the work. By framing another's pages, you are making it look as if you are originating the site. That is a no no. Further, there may very well be unfair trade practices violations. For example, you could violate trademark law by making it appear that you are affiliated with another's trademark, or that they are endorsing your products.

The simple response is DON'T DO IT! It is not only likely illegal, but it misrepresents the originator, and thus a bad practice. This is a situation where you should listen to your lawyers and not your techie. And for concrete evidence, I suggest an attorney.

-Bodi

• Original Message ----- From: "Smith, Robert" <smithre[_at_]mail.ctsfw.edu> To: "CNI-COPYRIGHT Mail List" <CNI-COPYRIGHT[_at_]cni.org> Sent: Wednesday, April 02, 2003 8:28 AM Subject: [CNI-COPYRIGHT] Framing in a.k.a. Branding outside Web Resources

> Dear Friends:
>
> Our IT department is doing a remake of our website and is
> pushing to "frame in" outside resources. What they propose to
> do is this:
>
> When a person visits one of our web pages and selects a link
> pointing to an online resource, (subscription database, encyclopedia,
> open edoc, someone's website, etc.) our server will create a web page
> with our masthead and menus, request the page from the outside source,
> and put the outside resource on it. The effect is that our logo and
> banners appear to be a part of the outside resource.
>
> My sources (maybe this list is one, but my memory is fuzzy) seem to
> suggest that this is frowned upon and that a number of such resources
> have
> considered suing such sites for copyright infringement. I'm arguing that
> we should not frame in, therefore, because it creates ill will and may
> be
> illegal (not something a seminary likes to do...)
>
> The tech is arguing that the return path is important because we might
> loose
> our users if this is not done and that pop up windows are annoying. He
> argues that if sites do not explicitly say we shouldn't do it, that we
> don't have
> to. (which is ironic, since our site has anti-framing code on it)
>
> Does anyone have any concrete evidence that I am correct as I try to
> convince the head-tech?
>
> Bob
>
> Rev. Robert E. Smith
> Electronic Resources Librarian
> Concordia Theological Seminary
> Fort Wayne, Indiana
> "Translatio traditio est."
> -- attr. St. Jerome
>

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Received on Fri Apr 04 2003 - 09:42:35 GMT