[CNI-COPYRIGHT] Re: Framing in a.k.a. BrandingoutsideWebResources

>>> lawlists[_at_]bodi.com 04/04/03 03:44PM >>> wrote in part:
My argument that the image is NOT being displayed as intended. The web page author intends that the entire browser window display the image, including any ads or popups. Framing can give a misleading impression of origin, etc.
<<<<<

It CAN give a misleading impression of origin, depending on how it is done. But that's unfair competition law, not copyright.

>>>>>
Thus, it is not enough to display the entire page, one must display it as the author intended. The frame might be considered an unauthorized derivative work, and thus violate copyright. Displaying an entire page, but adding material, as in framing, is still a violation of copyright, IMHO. There is no implied consent for such displays. <<<<<

This is the strongest copyright-based argument; but there are certainly precedents that would suggest otherwise. Lee v. ART Co. (7th Cir. 1997) suggests that adding a frame to a picture without modifying the picture itself does NOT create a derivative work. [There is a conflict with Mirage Editions v. Albuquerque ART Co. (9th Cir. 1988), which holds the other way.] So, I think this issue is far from settled.

Tyler T. Ochoa
Professor and Co-Director
Center for Intellectual Property Law
Whittier Law School
3333 Harbor Blvd.
Costa Mesa, CA 92626
(714) 444-4141, ext. 243
(714) 444-1854 (fax)
tochoa[_at_]law.whittier.edu Received on Mon Apr 07 2003 - 04:10:02 GMT