INTERNET COPYRIGHT RULING - If you use images or display third party content on
a Web site, an important decision reached last month will be of interest to you. In the case,
Kelly v. Arriba Soft Corporation, the Court of Appeals for the Ninth Circuit covering
California ruled that an image search engine website that copied and displayed thumbnail
images in response to a user's query was not a copyright infringement but rather
(non-infringing) "fair use" allowed under copyright law. However, the Court also ruled that
the Web site's use of inline linking and frames to display content residing on a third party's
server "was" a copyright infringement. The reason - the full-size display did not enhance the
search engine but rather, served the artistic purpose of the original images. Electronic Frontier
Foundation, on behalf of the search engine company, has asked the Ninth Circuit to reconsider
the ruling. For the full article by Stephen Filler, see:
http://www.internetnews.com/bus-news/article/0,,3_992371,00.html (Nanotech Planet,
Spring 02)
HOLLINGS' DIGITAL TV PROMOTION ACT INTRODUCED - A new law recently introduced by Sen. Ernest Hollings (D-S.C.), chairman of the Senate Commerce Committee, would require that new technologies include features that would prevent illegal reproduction of copyrighted works. Titled the Consumer Broadband and Digital Television Promotion Act, it would place responsibility for curtailing copyright problems on the makers of electronic equipment and applications. Opponents contend that this would place too much control in the hands of copyright owners, stripping consumers of traditional rights of use. (Washington Post, 22 Mar 02)
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© Copyright 2006 Board of Regents, University of Wisconsin
Last Updated: January 2006

