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Linking within a frame... a breach of copyright?!

 
 
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paul
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PostPosted: Fri Nov 02, 2007 1:48 pm    Post subject: Linking within a frame... a breach of copyright?! Reply with quote

I have just received the following email:

Quote:
It has come to our attention that you are displaying our website within a
frame of your own. This is a breach of copyright and we have to ask you to
remove the frame immediately.

The link is from this page:

<removed to protect identity of complainant>

Please let me know when this has been done.

With regards,

<name removed>


If you link to someone within a frame, as many people do, is it really a breach of copyright?! Shocked

Paul
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adigaskell
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PostPosted: Fri Nov 02, 2007 5:28 pm    Post subject: Reply with quote

I wouldn't have thought so if you're linking to them. Their email makes it sound as though you are displaying their entire website in a frame?
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paul
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PostPosted: Fri Nov 02, 2007 5:41 pm    Post subject: Reply with quote

It is (or was) a link to their homepage. If people then navigated around the site, they would remain in the frame (unless they chose to break out).
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adigaskell
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PostPosted: Fri Nov 02, 2007 5:59 pm    Post subject: Reply with quote

I expect that's what they complained about then because some people may have thought it was your site rather than theirs. I don't know the legalities of such a thing, whether it comes under passing off or something. Could you not open the link in a new window?
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paul
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PostPosted: Fri Nov 02, 2007 8:59 pm    Post subject: Reply with quote

The site in question is a directory where we link to lots of different businesses. The frame element is just a plain bar at the top saying 'Contact XYZ company' (the one we're linking to). This links to a form which send a message to their email address, but with the subject 'Enquiry from our site'. So, that's the reason for linking to them in that manner... so that we get credited for referring enquiries. There was nothing there that would portray them in a poor light.
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PostPosted: Sat Nov 03, 2007 6:49 pm    Post subject: Reply with quote

Thinking about it - isn't "passing off" under trademarks, not copyright? Therefore their argument wouldn't stand up.

The copyright protects the original author (or licencee) of something from having that work "copied" but since the original work isn't being copied as it's coming from the original web server then not sure any kindof copyright law would cover them.

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adigaskell
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PostPosted: Sun Nov 04, 2007 9:10 pm    Post subject: Reply with quote

No, I'm fairly certain that it's not copyright but it could be construed as passing off, albeit unlikely. Are you sending them many enquiries? You could always use that as leverage and mention that the current system is sending them x enquiries per month. You'd be happy to remove them from your site and they would lose out on that business. I suspect then they may work towards a compromise.
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PostPosted: Sun Nov 04, 2007 11:18 pm    Post subject: Reply with quote

I'm not even sure it could be construed as 'passing off' because the link that they click on states "XYZ Company Website" - ie. it's fairly clear that it's going to their site. We'd have been sending them a few enquiries (I haven't looked up the precise figure)... the easiest thing for us to do was to simply remove the link. Their loss IMO, although I doubt they'll see it like that.
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PostPosted: Mon Nov 05, 2007 9:50 am    Post subject: Reply with quote

It could be a simple case of misunderstanding. Remember that not all companies are particularly web savvy.
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PostPosted: Sun Dec 30, 2007 9:21 pm    Post subject: Reply with quote

... hmmm. Wasn't there a way to prevent other people from framing your site if you never ever want them to do that?
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