Re: Shetland Times v. Shetland News

Sarah Wernick <70530.435[_at_]compuserve.com> writes
>
> Mikus Grinbergs <mikus[_at_]bga.com> writes
>>
>> As Managing Editor of the Ecalpon Times, I will argue that the mere
>> EXISTENCE of the link on Ecalpon Digest's site might be misleading:
>>
>> - A viewer who follows the link might conclude that the literary
>> talents of John Whippersnapper were at the disposal of the
>> Ecalpon Digest organization (because the link to his article was
>> on THEIR page, implying he wrote the article for them to call to
>> their viewership's attention). [In fact, John works only for the
>> Ecalpon Times organization.]
>
> The confusion described here is easily avoided, because a link is not
> copying; it is merely a citation presented in a form convenient for
> the user. The newspaper that created the page retains complete
> control of its content - it can plaster the Ecalpon Times logo on the
> page, note the fact that John is their exclusive employee,
> and so on.

The confusion may be avoided - but why should the host _have_ to cripple a page with such marks. I do not know the US law, but even though the linking site may not itself copy the article linked to, the reader of the page must do and in doing so will need the copyrigt permission of the owner of the page. That owner is free to license readers of his page on whatever terms he wants, and if he wants to limit licenses only to those who, for example, register at the front page of his site before wandering around inside, then he is free to do so.

He may stipulate that he does not licence anyone who links to his page direct from another particular page. That makes anyone doing so in breach of his copyright. More particularly, it then puts the linking site into the position of committing a contributory infringement.

It may not be wise and it may be lazy and unattractive, but it seems relatively straightforward in law. (flame-bait)

-- 
David Swarbrick, Solicitor, 22 Bradford Rd Brighouse HD6 1RW  UK
Tel: +44(0)1484 722531 Fax: +44(0)1484 716617
E-mail: david[_at_]swarb.demon.co.uk  
http://www.law-services.org.uk/swarbrick