=3D=3D=3D=3D=3D=3D=3D=3D
the Internet stands in direct contradiction of the current Copyright Act:
Every time a user accesses materials on the Internet, copies are made tha=
t
technically infringe the statute. "Old models don't translate well to thi=
s
medium. The Internet is the world's biggest copy machine," says Burk.
Technically, he explains, every time a user accesses a page on the
Internet, that content is copied on many intermediate servers and then
stored in RAM on the user's desktop. To some observers in this
under-litigated area, every one of these copies is illegal. In theory, th=
at
could mean every single time your users access the Internet, they are
infringing on someone's intellectual property rights. This sounds
draconian, but it is the view of no less than Bruce Lehman, the
commissioner of Patents and Trademarks and voice of the Clinton
Administration.
=3D=3D=3D=3D=3D=3D=3D=3D
When W3C ramps up in the IPR arena, we can expect to be quoted in this ki=
nd
of technical trade press story.
RK
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
January 27, 1997=20
It's the world's biggest copy machine
Watch out. Current copyright law doesn't adequately cover the Internet
By Lauren Gibbons Paul=20
=A0Dan Burk has a message for technology executives who would just as soo=
n
forget about Internet copyright issues: "You'll be fine until you mess
around with an 800-pound gorilla"--a company with enough money to litigat=
e
its intellectual property rights.
To wit, say one of your employees "innocently" hot-links United Media's
Dilbert Zone to a page on the corporate intranet. Sound silly? This is a
real-life example, and companies--and IT executives--have gotten into hot
water as a result.
Burk, a professor at Seton Hall University School of Law, knows very well
that intellectual property law is probably the furthest thing from most
CIOs' minds. But the problem is, protecting copyrights on the World Wide
Web is shaping up as one of the thorniest Internet issues around--both fr=
om
the standpoint of content owners and executives whose users might infring=
e
on the rights of others. Information might be touted as free, but content
owners aren't going to keep giving it away--at least, not much longer.
"The culture of the Net has always been free exchange of information. But
it's not free anymore," says Burk, in Newark, N.J. "There are big bucks
tied up there."
The issues at stake
IT execs can hardly be blamed for wanting to ignore copyright issues on t=
he
Web. The fact is, the current copyright statute adheres to an enforcement
model that does not adequately cover Web technology.
The Copyright Act of 1976 grants authors of "original works" the exclusiv=
e
right to copy and distribute their own work. Each infringement of that
copyright entitles a content creator to a statutory amount of damages. Bu=
t
the Internet stands in direct contradiction of the current Copyright Act:
Every time a user accesses materials on the Internet, copies are made tha=
t
technically infringe the statute. "Old models don't translate well to thi=
s
medium. The Internet is the world's biggest copy machine," says Burk.
Technically, he explains, every time a user accesses a page on the
Internet, that content is copied on many intermediate servers and then
stored in RAM on the user's desktop. To some observers in this
under-litigated area, every one of these copies is illegal. In theory, th=
at
could mean every single time your users access the Internet, they are
infringing on someone's intellectual property rights. This sounds
draconian, but it is the view of no less than Bruce Lehman, the
commissioner of Patents and Trademarks and voice of the Clinton
Administration.
Last year, Lehman drafted the National Information Infrastructure Copyrig=
ht
Act, which contains strict provisions providing copyright protection on t=
he
Internet. The bill is currently stalled in Congress.
There are, however, some recognized doctrines that can provide a measure =
of
protection. One, called "fair use," shelters those who copy material for
educational purposes and not for profit. Another theory is that content
creators create an "implied license" to copy material posted on a Web sit=
e.
The problem is, because there is little case law to date, no one is sure
just how far these doctrines will go in cyberspace.
Stay out of trouble
This doesn't mean IT chiefs should rip all those browsers off users'
desktops and get rid of their slick new intranets. Congress and the court=
s
have a lot of catch-up work to do defining law in this area. Two bills,
HR2441 and S1284, are currently under debate.
Protect yourself
Some ways to shield your company
from copyright enforcement woes:
=95Set acceptable use policies for all Web use.
=95Post notices on intranet and Internet pages disclaiming responsibility=
for
content on linked pages.
=95Boost awareness through user education. Hold lunchtime sessions or cre=
ate
an intranet page on copyright infringement.
Source: PC Week reporting=20
In the interim, IT execs need to ensure that users steer clear of blatant
violations that are going to catch the attention of those hungry to
litigate. The first thing to do is create an AUP (acceptable use policy)
for the Web and educate users about it by holding regular training
sessions. "This is like other types of sensitivity training. Sexual
harassment was a big issue in the '80s. In the '90s, it's content
awareness," says Burk.
Employees also need to be educated about what they do under color of the
corporate user ID, says M.E. Kabay, director of education at the National
Computer Security Association, in Montreal.
Kabay stresses IT executives must set guidelines for employees, especiall=
y
Webmasters and Web developers. Put in writing on intranet as well as
Internet sites a formal statement of the company intent. If you have not
checked out the content of hot links, say so. There could be infringing
content on the links that someone might take you to task for somewhere do=
wn
the road.
But setting guidelines isn't enough, says Kabay. "The staff must understa=
nd
the policies. There must be monitoring and sanctions for violations of
those principles."
Connie Deletis, vice president of IS at National Semiconductor Corp., say=
s
his company has a "Web Counsel" group that establishes common practices a=
nd
rules of etiquette that cover these areas. On the other hand, Deletis say=
s
the potential of copyright infringement on the Web is low on his radar
screen. "It's a question of priority," says Deletis, in Sunnyvale, Calif.
A case in point
Keeping Web developers in hand is very important, says Kabay. If you're
going to point to others' material in your Web page, there must be a clea=
r
indication that you're pointing to material owned by others. This warning
comes on the heels of a famous case now being litigated in Scotland's
Shetland Islands, in which a tiny online newspaper called the Shetland Ne=
ws
pointed to content from the Web site of its major competitor, the Shetlan=
d
Times, without citing it as a source.
"Make sure your Web designers are not fooling around with that subterfuge
[linking to unidentified sources]," says Kabay. (Once the suit was filed,
the Shetland News identified the links as coming from the Shetland Times,
but refused to stop linking to the material until ordered to do so late i=
n
1996.)
On the flip of the coin, Bahar Gidwani, CEO of Index Stock Photography, i=
s
one who has sued to protect his company's intellectual property rights. "=
We
assume people are honest," says Gidwani, in New York. "But, yes, we have
sued" companies that downloaded Index photographs and other materials
without paying for them.
Gidwani believes problems crop up in this area because, at many companies=
,
people who have never been involved with intellectual property rights
issues are now involved with Web pages.
It is indeed painful to think about these issues--violations are so hard =
to
police and the law is still so unclear. But, in the words of Seton Hall's
Burk: "You don't want to be the test case. The American Civil Liberties
Union and the EFF [Electronic Frontier Foundation] will fight for your
rights if you get sued. But creating precedent doesn't help your bottom
line."