Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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General Electric

GE is a major American corporation and one of the largest and most diversified corporations in the world. Its products include electrical and electronic equipment, plastics, aircraft engines, medical imaging equipment, and financial services. The company was incorporated in 1892, and in 1986 GE purchased the RCA Corporation including the RCA-owned television network, the National Broadcasting Company, Inc. In 1987, however, GE sold RCA's consumer electronics division to Thomson SA, a state-owned French firm, and purchased Thomson's medical technology division. In 1989 GE agreed to combine its European business interests in appliances, medical systems, electrical distribution, and power systems with the unrelated British corporation General Electric Company. Headquarters are in Fairfield, Conn., U.S.

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