Re: TotalNEWS & Derivative Works

Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
>
> Phil Stripling <philip[_at_]crl.com> writes (in response to Terry):
> >
> > How about if I take the position that _I_ have absolute control over
> > the _public_ display of my Web page, under US Section 210(a)(5). My
> > Web page is a literary work, right? So I have the exclusive right to
> > display it publicly.
>
> Yes you do. The question is whether you have given away that control
> by putting your page on the Web.
>
> The circumstances in which viewing a copy of the page without a frame
> constitutes a public performance (display) in Australia, NZ, the UK
> and Canada) includes viewing the work on a screen in any non-domestic
> setting including a cyber-cafe, your work computer, as well as a giant
> screen in a shopping mall. I think the rule is a little different in
> the US but not that different (perhaps you'd like to clarify the rule
> in the US Terry?)

Okay, there's something I hadn't considered -- the page _would_ be publicly displayed in a cafe or mall. Then I have to drop back to the position that it is displayed from my server in all its pristing glory, without being surrounded by TotalNews's ads, menus of links, and so forth. I believe I still have the right to control the public display, and I don't give an implied license to incorporate my page into a part of TotalNews's window which is divided into parts.

How does an implied license to put my page in your frame spring into being? There were no frames when I constructed my page, and I had no way of knowing that feature would exist? While not giving up on the idea of control over public display, I'm also not satisfied that an implied license +against+ me somehow springs into being everytime a new <tag> is invented that can be used to show my page in someone else's.

Phil Stripling
philip[_at_]crl.com Received on Sat May 17 1997 - 17:34:07 GMT