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ARTICLE · 20 MAY 2017

Copyright Infringement On A Website: The Risks Of Scraping And Framing

If photos are available on the internet, then… they're free for the taking, right?

CanadaIntellectual Property

If photos are available on the internet, then... they're free for the taking, right?

Wait, that's not how copyright law works? In the world of copyright, each original image theoretically has an "author" who created the image, and is the first owner of the copyright. The exception to this rule is that an image (or, indeed, any other copyright-protected work), which is created by an employee in the course of employment is owned by the employer. So, an image has an owner, even if that owner chose to post the image online. And copying that image without the permission of the owner could be an infringement of the owner's copyright.

That seemingly simple question was the subject of a lawsuit between two rival companies who are in the business of listing online advertisements for new and used vehicles. Trader Corp. had a head start in the Canadian marketplace with its autotrader.ca website. Trader had the practice of training its employees and contractors to take vehicle

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