Continuing where we left off (see What You Need To Know About Internet Law: Trademarks), here are the next two presentations on web law:

• What You Need To Know About Internet Law: Copyrights (pdf)
• What You Need To Know About Internet Law: Jurisdiction (pdf)

Many thanks to Marty and Kevin and the good folks at Brann Isaacson for sharing these powerpoint presentations.

Powerpoint PDFs as text

(original pdfs easier to read)

Kevin R. Haley, Esq.
Brann & Isaacson
184 Main Street
Lewiston, ME 04243
www.brannlaw.com
khaley@brannlaw.com
© Kevin R. Haley

Copyright Definition

In very simple terms, copyright is the equivalent of property rights in an original work.

Includes five basic rights: the right to reproduce, distribute, display, perform, and create derivative works.

Copyright Issues

Internet presents numerous fascinating conceptual issues. For example, the act of browsing the Internet itself necessitates the copying of copyrighted material.

In Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, 53 U.S.P.Q.2d 1425 (D. Utah 1999), the court found that browsing an unauthorized copy of a document posted on the Internet was in itself an infringement.

On-Line Copyright Issues

File Sharing

Linking

Framing

File Sharing

Perhaps the most high-profile example of copyright issues on the Internet is the Napster file-sharing case
Napster was a piece of software that enabled subscribers to locate files on the hard drives of other subscribers and download them

Those files were almost always copyright protected audio files of popular music

A&M Records, Inc. v. Napster, Inc.

9th Circuit Court of Appeals held that the file-sharing activities of Napster users was a copyright infringement and that Napster was liable for contributory infringement for enabling and encouraging such infringement.

Lessons of Napster

Too numerous for a 60 minute overview of IP issues but:

Significant ongoing issues for IP owners regarding the potential of the Internet as a means for unauthorized distribution of copyrighted works

Significant risks for businesses built upon a model that permits or encourages activities
that include copyright infringement

Linking

Linking is the practice of inserting hypertext links leading to other web sites within the body of a web site, e.g. www.llbean.com

IP Implications of

Ubiquitous practice on the Internet – some theoretical risks based upon unauthorized distribution or the presence of infringing material on the linked-to site.

Some courts have taken the view that use of a mark in a link can constitute infringement.

Safest practice is to have permission to include links on a web site.

Framing

“Framing” or “in-line linking” is the practice of causing a reproduction of material to be pulled into the linking site.
Often, it is not possible to tell that the material is being imported from a different site.

Framing Can Be Risky

Framing presents more problems than garden-variety linking, creating issues of duplication and distribution under copyright law, unfair competition, and trademark infringement.

Arriba Case

In Kelley v. Arriba Soft Corp., 336 F.3d 811 (9th Cir. 2003), court found a public display right infringement based upon framing of photos from plaintiff’s web site.

Other than Arriba, there are relatively few reported cases, because cases are almost universally settled prior to judgment.

Jurisdiction

Much has been written and said about the impact of the Internet on jurisdictional issues.

With one potential exception, this is largely much ado about nothing.

The same rules that govern
old fashioned contracts and
torts work perfectly well for
Internet oriented cases.
The Exception: Gator v. L. L. Bean

In Gator v. L. L. Bean, the 9th Circuit ruled that L. L. Bean, based upon its extensive sales over the Internet and through its catalog, is subject to general jurisdiction in California.

Rationale is that these activities are the equivalent of a physical presence.

First case to reach that conclusion based largely on activities conducted over the Internet.

• What You Need To Know About Internet Law: Copyrights (pdf)
• What You Need To Know About Internet Law: Jurisdiction (pdf)

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