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