A Picture Worth a Thousand Lawsuits

Originally published in Managing IP, March 2002

There is a vast body of internet IP law in the US. Much legislation has been passed and numerous judgments made to clarify the uncertainty generated by the new technology. Yet no legislative or judicial authority has addressed the legality of framing or inline linking copyrighted works on others’ websites. That is, not until now.

A recent decision by the US Court of Appeals for the Ninth Circuit leads to the inescapable conclusion that unlicensed inline linking and framing of copyright images violates the public display right of copyright owners and, therefore, in the absence of a legitimate legal defence, constitutes copyright infringement.