Re: Re: Linking to Infringing Works on the Web

But how is it if Google in its search show the infrigment picture. Does not also Google infrige by using the picture again unlawfully by showing the picture in its searchresalt?

In Sweden by the way the EU-directive has been implemented and the law talkes about that copying must be dome only by lawfully published pictures even for personal use. But it is not exactly linkin, it is useing.

Staffan Teste
www.bildombudsmannen.se
Sweden

> Assuming the webmaster, as appears to be the case, has infringed both the
> right of reproduction and the right to display the work publicly (or
> perform
> it publicly, as the case may be), I don't see liability for the person who
> points to it.
>
> There is no exclusive right to look at, read or watch the work, so people
> visiting the website infringe nothing. (Copyright maximalists would argue
> that the RAM buffer bits constitute infringement, but I don't buy that.)
> Consider this:
>
> 1. It is never copyright infringement to read a copyrighted work -- even
> if
> you read from a stolen or from an infringing copy. Similarly, it is never
> copyright infringement to sneak into a theater without paying, regardless
> whether the performance of the work in the theater is an infringing one.
>
> 2. If I buy an infringing copy, or pay to watch an infringing performance,
> I
> am still not guilty of direct infringement, but may be guilty of
> contributory infringement.
>
> 3. Your facts are more like someone standing out in the street telling
> people "they are showing XYZ movie in that theater -- it is a great movie,
> and you should not miss it." If the theater is performing it publicly
> without a license, or performing it publicly with a license but from an
> infringing copy the theater made, the theater may be guilty of copyright
> infringement, but viewers who neither knew of the infringement nor
> solicited
> it should not be guilty of even contributory infringement. The person on
> the
> street "linking" these viewers to the opportunity to watch the performance
> would seem to me to be even more remotely associated with the
> infringement.
>
> That's the way I would approach it -- with the caveat that I'm not
> offering
> legal advice, and don't know the devil that may be lurking in the details.
>
>
> John
> _____________
> John T. Mitchell
> Interaction Law
> 1717 K Street, NW, Suite 600
> Washington, DC 20036
> http://interactionlaw.com
> 1-202-415-9213
> 1-202-318-9169 (fax)
>
>
>
> On 12/20/05 2:30 PM, "Smith, Robert E." <smithre[_at_]ctsfw.edu> wrote:
>
>> Dear Friends:
>>
>> Is there any case law addressing the following scenario?
>>
>> A webmaster digitizes in full a work still protected by copyright.
>> Without checking with the rights holder he/she places the work on the
>> internet. Contacted later, the rights holder objects to the presence of
>> their work on the web, but the webmaster in question leaves the work on
>> their website.
>>
>> A third party cites the infringing online version of the work. This
>> party adds a link to this version of the work to encourage interested
>> visitors to read it.
>>
>> Thanks!
>>
>> Bob
>>
>> Rev. Robert E. Smith
>> Electronic Resources Librarian
>> Concordia Theological Seminary
>> Fort Wayne, Indiana
>> "Translatio traditio est."
>> -- attr. St. Jerome
>>
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>
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Received on Thu Dec 22 2005 - 01:20:01 GMT