Network: Copyright cases from Washington to Shetland

Electronic publishing is already leading litigation into previously uncharted territory. Resorting to the courts, however, is not the simple solution it may initially seem. Test cases are furthest ahead in the US, where a number of individuals and organisations are testing current copyright and trademark law.

One, involving 11 freelancers, led by Jonathan Tasini, US National Writers' Union president, comes to trial this autumn. The group is accusing a number of media organisations - including the publishers of the New York Times, Newsday and Sports Illustrated - of the unauthorised sale of their articles via online databases and CD-Rom.

Another is a case against Total News Inc lodged by the Washington Post and several other news providers, including CNN, Dow Jones, Reuters and Time Life.

Total News provides links to other organisations' news pages by frames that allow Web pages to be split into multiple windows which can be operated independently. One effect of this is that a frame can be used to create a window remaining on-screen while other sites are accessed.

This means the originator's frame, which might carry advertising, could be obscured and, as a result, devalued, the plaintiffs claim. The effect of such cases in the UK, however, can only be negligible, says Clive Thorne, intellectual property partner at solicitors Denton Hall.

"Any copyright or trademark problems in the UK would be determined by English principle under English law," he explains. A number of differences exist between the US and UK definitions of what constitutes copyright and where copyright is infringed. "We are probably not likely to see a standard approach to copyright in this area, other than through broad international conventions that exist to give general guidelines," he adds. "The detail of how these conventions are interpreted remains within national law."

Which is why British publishing attention is now focused on a test case between two electronic newspapers in Shetland, which is due to go to court in October.

This dispute dates back to November 1995, when Shetland News was launched as an online daily Internet news service. The following spring, The Shetland Times newspaper launched its own online service. The Shetland News site referred to Times stories and used hypertext links to take surfers from one to the other. The Times, however, objected, claiming that unauthorised links between Web sites were a breach of copyright.

While access to its site was free and it carried no advertising, the Times claimed that it planned to do so in the future. It claimed the News was using headlines on its site from the Times and that surfers using the News links might miss any future advertising carried by the Times on its home page.

Last December, the Scottish courts imposed a temporary court ban on the News. "The resolution will go some way towards clarifying the situation," Mr Thorne believes. "But not far enough".

News
newsGlobal index has ranked the quality of life for OAPs - but the UK didn't even make it into the top 10
News
people

Kirstie Allsopp has waded into the female fertility debate again

News
people
News
people
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
News
peopleStella McCartney apologises over controversial Instagram picture
News
Gillian Anderson was paid less than her male co-star David Duchovny for three years while she was in the The X-Files until she protested and was given the same salary
people

Gillian Anderson lays into gender disparity in Hollywood

Life and Style
Laid bare: the Good2Go app ensures people have a chance to make their intentions clear about having sex
techCould Good2Go end disputes about sexual consent - without being a passion-killer?
Arts and Entertainment
Swiss guards stand in the Sistine Chapel, which is to be lit, and protected, by 7,000 LEDs
art

The Sistine Chapel is set to be illuminated with thousands of LEDs

Arts and Entertainment
Richard Burr remains the baker to beat on the Great British Bake Off
tvRichard remains the baker to beat as Chetna begins to flake
News
i100
Sport
footballArsenal 4 Galatasaray 1: Wenger celebrates 18th anniversary in style
Arts and Entertainment
Amazon has added a cautionary warning to Tom and Jerry cartoons on its streaming service
tv
News
people
News
The village was originally named Llansanffraid-ym-Mechain after the Celtic female Saint Brigit, but the name was changed 150 years ago to Llansantffraid – a decision which suggests the incorrect gender of the saint
newsA Welsh town has changed its name - and a prize if you can notice how
Arts and Entertainment
Kristen Scott Thomas in Electra at the Old Vic
theatreReview: Kristin Scott Thomas is magnificent in a five-star performance of ‘Electra’
Life and Style
Couples who boast about their relationship have been condemned as the most annoying Facebook users
tech
Arts and Entertainment
Hayley Williams performs with Paramore in New York
musicParamore singer says 'Steal Your Girl' is itself stolen from a New Found Glory hit
News
i100
Sport
Ronaldinho signs the t-shirt of a pitch invader
footballProof they are getting bolder
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs Media

Trainee Recruitment Consultant

£18000 - £30000 per annum + uncapped: SThree: Do you feel your sales role is l...

Trainee Recruitment Consultant

£20000 - £45000 per annum + uncapped: SThree: Key featuresA highly motivated ...

SEO Executive

£24 - 28k: Guru Careers: We are seeking a Technical SEO Executive to join one ...

Research Analyst / Insight Analyst

£25k: Guru Careers: We are seeking a Research Analyst / Insight Analyst to joi...

Day In a Page

Italian couples fake UK divorce scam on an ‘industrial scale’

Welcome to Maidenhead, the divorce capital of... Italy

A look at the the legal tourists who exploited our liberal dissolution rules
Tom and Jerry cartoons now carry a 'racial prejudice' warning on Amazon

Tom and Jerry cartoons now carry a 'racial prejudice' warning on Amazon

The vintage series has often been criticised for racial stereotyping
An app for the amorous: Could Good2Go end disputes about sexual consent - without being a passion-killer?

An app for the amorous

Could Good2Go end disputes about sexual consent - without being a passion-killer?
Llansanffraid is now Llansantffraid. Welsh town changes its name, but can you spot the difference?

Llansanffraid is now Llansantffraid

Welsh town changes its name, but can you spot the difference?
Charlotte Riley: At the peak of her powers

Charlotte Riley: At the peak of her powers

After a few early missteps with Chekhov, her acting career has taken her to Hollywood. Next up is a role in the BBC’s gangster drama ‘Peaky Blinders’
She's having a laugh: Britain's female comedians have never had it so good

She's having a laugh

Britain's female comedians have never had it so good, says stand-up Natalie Haynes
Sistine Chapel to ‘sing’ with new LED lights designed to bring Michelangelo’s masterpiece out of the shadows

Let there be light

Sistine Chapel to ‘sing’ with new LEDs designed to bring Michelangelo’s masterpiece out of the shadows
Great British Bake Off, semi-final, review: Richard remains the baker to beat

Tensions rise in Bake Off's pastry week

Richard remains the baker to beat as Chetna begins to flake
Paris Fashion Week, spring/summer 2015: Time travel fashion at Louis Vuitton in Paris

A look to the future

It's time travel fashion at Louis Vuitton in Paris
The 10 best bedspreads

The 10 best bedspreads

Before you up the tog count on your duvet, add an extra layer and a room-changing piece to your bed this autumn
Arsenal vs Galatasaray: Five things we learnt from the Emirates

Arsenal vs Galatasaray

Five things we learnt from the Gunners' Champions League victory at the Emirates
Stuart Lancaster’s long-term deal makes sense – a rarity for a decision taken by the RFU

Lancaster’s long-term deal makes sense – a rarity for a decision taken by the RFU

This deal gives England a head-start to prepare for 2019 World Cup, says Chris Hewett
Ebola outbreak: The children orphaned by the virus – then rejected by surviving relatives over fear of infection

The children orphaned by Ebola...

... then rejected by surviving relatives over fear of infection
Pride: Are censors pandering to homophobia?

Are censors pandering to homophobia?

US film censors have ruled 'Pride' unfit for under-16s, though it contains no sex or violence
The magic of roundabouts

Lords of the rings

Just who are the Roundabout Appreciation Society?