Re: TotalNEWS & Derivative Works

Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> Phil Stripling <philip[_at_]crl.com> writes:
> >
> > I'll try to be more careful with my language, though. Let's say that my
> > entire Caribbean page is _displayed_, with photos, everytime someone
> > views their framed page concerning Caribbean news. I don't care who calls
> > it up. My page is displayed, and I think it's an infringement of my
> > copyright.
> >
> ***************
>
> Hmmm. Let's follow this through a bit. The debate on this thread has
> been about *who* is the potential infringer -- the end user or Total
> News. I assume you mean not only that "it's an infringement", but
> that it is Total News who is engaging in the display by providing the
> means.

Well, there seems to be some disagreement on whether there _is_ an infringement. Gabriel, if I understand his position, says I've waived any claim by impliedly permitting the display in frames. I disagree. As to your commment, yes, I say that TotalNews is infringing on my rights by displaying my work in its frameset on its Web page.

> If that is a direct infringement, surely Microsoft and Netscape
> are also directly infringing on the Total News right of display -- after
> all, they frame the page with their own information, including their own
> logos.

It took me awhile to figure out what you meant: that the browser window itself frames my content when Jo Blo views my page directly by typing in my URL, right? Nice reductio ad absurdum. But no cigar.

TotalNews is incorporating my work as part or all of its page. Whose title is in the top border of the MSIE or NS window border? Whose URL am I at? If TotalNews is displaying my page, I'm upset. If Jo Blo calls up my page, shows my title, has accessed my URL, then I'm happy. The logo, buttons, and other accoutrements of a browser window are the province of the maker of that software, just as with text in a word processor and data in a spreadsheet.

I'm unhappy when TotalNews _incorporates_ my work in its page, whether by direct inclusion in an unframed page or by inclusion in a pane of a browser window divided up into frames, and displays my work.

Phil Stripling

philip[_at_]crl.com Received on Fri May 30 1997 - 15:49:39 GMT