- Cases & Comments
Shedding Some Light?
new technologies change the nature of mass communications, the
balance set between the "exclusive rights" of copyright
holders and the public interest in access to information may need
to be shifted. Policy arguments in favor of and against restrictive
copyright legislation may intensify as new technologies change
the way that information may be accessed and disseminated. 
It seems undeniable, however,
that just as the Internet creates new opportunities for the creation
and exchange of information and ideas, so too does the Internet
create new opportunities for possible copyright infringements.
Information on the World Wide Web can be easily downloaded, copied,
exchanged, and published. A user may copy jpeg or gif files, open
them in PhotoShop, and alter them with ease. A user may then simple
and easily publish them on his or her own site, without the vigilant
eye of the editor asking whether copyright permission was required
and if so, whether such permission was effectively obtained. A
user may also "frame" another's page or material, remove
advertisements, and so give the general impression to the viewer
that the material was of his or her own creation. While some of
these practices may easily fit within existing concepts of copyright
infringement through analogy to the print world, other practices,
such as linking and framing, may expose unrecognized ambiguities
in the law.
- Copyright implications of
"surface" linking and "deep linking."
that might arise from "framing" copyrighted works
within a new web site.
1. See Ruth Okekiji, Givers, Takers, and Other Kinds
of Users: A Fair Use Doctrine For Cyberspace. 53 Fla.
L. Rev 107, 109-112. (2001).