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Linking, Framing and Copyright: A Comparative Law Approach

Linking, Framing and Copyright: A Comparative Law Approach

Garrote, Ignacio J., "Linking, Framing and Copyright: A Comparative Law Approach".

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Abstract

    The paper deals with hot topics of Internet and Copyright Law, such as linking and framing, from a Comparative Law Approach. Case Law and status are revised.

Facts on copyright

  • Fair use and fair dealing Main articles: fair use and fair dealing Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation. The concept is sometimes not well defined, however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyright material can be legally copied or adapted without the copyright holder's consent. Other technical exemptions from infringement may also apply, such as the temporary reproduction of a work in information technology.
  • Robert Greenwald, a director of Uncovered: The Whole Truth About the Iraq War documentary was refused the right to use a clip of a George W. Bush interview from NBC's Meet the Press. Although the fair use provisions may apply in such cases, the risks and the pressure from insurance companies usually prevents the use of materials without permission. In the US in 2003, controversial changes implemented by the Sonny Bono Copyright Term Extension Act extending the length of copyright under U.S. copyright law by 20 years were constitutionally challenged unsuccessfully in the United States Supreme Court.
  • Copyright law provides scope for satirical or interpretive works which themselves may be copyrighted. Authors, patrons, and owners of works throughout the ages have tried to direct and control how copies of such works could be used once disseminated to others. Mozart's patron, Baroness von Waldstätten, allowed his compositions to be freely performed, while Handel's patron (George I, the first of the Hanoverian kings) jealously guarded "Water Music.".

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