RE: Framing Other Websites

From: Mike ODonnell <mike[_at_]datadepth.com>
Date: Wed, 26 Oct 2005 18:43:59 -0400

As I recall, several newspapers led by The Washington Post sued a site called Totalnews.com for framing their pages. The case was settled after TotalNews capitulated. More info on this issue can be found at the links below.

The issue is one we deal with frequently at iCopyright. We use to process "Framing" licenses for publishers, but we eventually canceled it because most publishers simply did not want to permit that type of license. They would rather provide access to their content through RSS feeds, e-prints, and other mechanisms.

I find it interesting that ABOUT pursues a framing policy when the NYT clearly prohibits the framing of its content: http://www.nytimes.com/ref/membercenter/help/copyright.html

Mike O'Donnell
Founder & CEO
iCopyright

http://docs.law.gwu.edu/facweb/claw/framing.htm

http://www.gigalaw.com/articles/2000-all/kubiszyn-2000-04-all.html

http://www.publaw.com/framing.html

http://www.inc.com/articles/2000/11/20948.html

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Gay Gilmore Sent: Wednesday, October 26, 2005 12:56 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Framing Other Websites

I swear I remember there was a copyright case a while ago regarding one site putting the content of another inside a frame on its own site. Does anyone recall anything like this?

It seems to me that type of thing is copyright infringement and About.com is doing this egregiously. Here's an example of my complaint, go to this page:

http://babyparenting.about.com/cs/recipes/f/babyfood.htm

then click on any of the links to other sites' baby food recipes in middle of the story. You will see their frame and ad at the top of the other site.

• it is not fair use, they are framing the FULL content of the other site
• it is clearly commercial; the only thing the About.com frame has in it is an ad, that refreshes every few seconds (!) so they continuously derive revenue from the other site's content
• the URL in the address bar is still About.com, not the other site's, so there is clear consumer confusion as well, which suggests there might be trademark problems too...
• my site is linked to, and they never asked my permission ;-)

...it is basically like photocopying a book I wrote, slapping their cover on it, and then putting a surcharge on it...

BTW, The New York Times recently purchased About.com for $410 million (10x2004 revenues), so this is not small change. Although they do not break out how much revenue is derived from "the frame" v. the rest of their site, it is likely significant -- the gist of About.com is that they have experts on every topic who cull the web for information on their topic, in other words they build topical link farms.

Long time lurker, first time poster, appreciate hearing your thoughts.

Gay Gilmore
Recipezaar: Where the Recipes Are
http://www.recipezaar.com

p.s. here is a funny example for this mailing list:

http://inventors.about.com/od/copyrights101basicsfaq/f/search_office.htm

click the link under "search online" for "Copyright Office Records"

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