Latest on UK WWW links copyright infringement case

Philip_Argy@msj.com.au Philip_Argy@msj.com.au
Mon, 25 Nov 1996 08:11:24 +1000





  Much of the discussion is interesting, but fails to understand different
  dimensions of copyright law.  Certainly the right to copy is the most
  well known facet of copyright law, and certainly copying content
  (especially source) of someone else's page without permission will in
  most cases breach copyright.  However, it is also a breach of copyright
  to falsely attribute authorship of a work to someone who is not the
  author:
  URL: <
  http://www.austlii.edu.au/do/sinodisp.pl/au/legis/cth/consol_act/ca196813
  3/s238.html?query=false%20attribution%20of%20authorship>

  Also, under the Trade Practices Act, it may be misleading and deceptive
  to include a hyperlink in such a way as to infer that the referer has an
  affiliation or approval from the referee that does not exist:
  URL: <http://www.austlii.edu.au/do/sinodisp.pl/au/legis/cth/consol_act/
          tpa1974149/s53.html?query=false%20or%20misleading%20representatio
          ns>

  So, in short, much of what people intuitively regard as unacceptable is
  also unlawful, although the source of the unlawfulness is not always
  obvious.

  Philip Argy