RE: Re: Re: Linking to Infringing Works on the Web

Dear Friends:

Thanks to one and all with this subject!

I understand that this case was settled out of court. Does it still hold value as a precedent, or is it just an example of how a case might be ruled. (Can you tell I'm not a lawyer?

Bob Smith
Concordia Theological Seminary

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property on behalf of Eric Goldman Sent: Mon 12/26/2005 11:20 AM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: [CNI-(C)] Re: Linking to Infringing Works on the Web  

Contributory liability for linking to infringing content was also found in Intellectual Reserve v. Utah Lighthouse Ministry, 75 F. Supp. 2d 1290 (D. Utah 1999),
http://www.law.uh.edu/faculty/cjoyce/copyright/release10/IntRes.html. In theory, 17 USC 512(d) was supposed to provide a safe harbor for this type of linking but the case law hasn't confirmed this. Eric.

--
Eric Goldman
Marquette University Law School
egoldman[_at_]gmail.com
Personal website: http://www.ericgoldman.org
Blogs: http://blog.ericgoldman.org and http://blog.ericgoldman.org/personal/


On 12/20/05, Webb, Jere <JMWEBB[_at_]stoel.com> wrote:


>

> The general rule is that linking to a site where infringing material

> exists does not create contributory or vicarious liability, but there have

> been some exceptions.

>

> Here are some references:

>

> Linking to Infringing Site

> In Batesville Services Inc. v. Funeral Depot, ___ F Supp ___ (SD Indiana

> November 10, 2004), the court refused to dismiss copyright infringement

> claims based upon providing links to infringing copies of protected works,

> holding that there was an issue of fact as to whether the website hosting

> the photographs had an implied license.  The court refused to grant

> defendant's motion for summary judgment on the ground that defendant's

> involvement in placing the photographs on the host website took it outside

> of precedents holding that links to infringing material never amount to

> copyright infringement.

>

> For a comprehensive article reviewing all aspects of linking law, see "The

> Link to Liability," 5 Internet Law in Business 231 (February 2004).

>

>

> -----Original Message-----

> From: Smith, Robert E. [mailto:smithre[_at_]ctsfw.edu]

> Sent: Tuesday, December 20, 2005 11:31 AM

> To: CNI-COPYRIGHT -- Copyright & Intellectual Property

> Subject: [CNI-(C)] Linking to Infringing Works on the Web

>

>

> 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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