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Getting Permission to Publish: Ten Tips for Webmasters
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Framing is the process of dividing a Web page into separate framed regions and displaying the contents of someone else's site within a frame at your site. Generally speaking, site owners don't like having their content framed at another site, particularly without permission. At least one court has considered framing to be copyright infringement, and, in another case, CNN sued a news website that framed CNN news content. Under the terms of a settlement agreement, the news website agreed to stop framing and instead use text-only links.
Inlining (sometimes referred to as "mirroring") involves the process of incorporating a graphic file from one website onto another website. United Media, the copyright owner of the Dilbert comic strip, pressured a Web publisher into halting the daily inlining of comic strips taken from the United Media website. In 2003, a federal court of appeals ruled that inlining -- when it resulted in a full-size reproduction of a photograph -- was a copyright infringement. Smaller inlined "thumbnail" reproductions were permissible under fair use principles.
As a general rule, legal claims are most likely to arise if copyrighted material is modified or if customers are confused about the association between the two sites or the source of a product or service. For more information, see Linking, Framing, and Inlining.
7. Don't Count on Fair Use: It's Not Always Fair
"Fair use" is a copyright doctrine based upon the principle that the public should be entitled to freely use portions of copyrighted material for purposes of commentary, criticism, or parody. In its most general sense, a fair use is any copying of copyrighted material done for a limited and "transformative" purpose, such as to review a text or make fun of a pop song. For example, if you wish to write a review of a novel, it would be considered fair use to quote a portion of the novelist's work without asking permission.
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