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11 Juta's Bus. L. 49 (2003)
Framing and Intellectual Property Law

handle is hein.journals/jutbusil11 and id is 49 raw text is: VOL 11 PART 1 Gerrie Ebers6hn Framing and intellectual property law Implications for copyright and competition law 1 Introduction The technique of 'framing' is often used by web- site owners to improve the quality of their websites. 'Framing' occurs when one party, X, incorporates the content of a third party's web- page into his own wcbpage. A webpage that uses framing techniques works as follows on a com- puter user's screen: headlines or headings may be displayed on one side of the screen, or on both. When the user clicks on one of these headings or headlines, the webpage to which this particular heading or headline is hyperlinked is then dis- played (incorporated) into the screen visible to the computer user. In other words, on the one side of the computer screen the headings or head- lines remain visible, while in the middle of the screen the incorporated webpage is displayed. So framing can be compared to a 'picture within a picture'. 'Framing' occurs when one party incor- porates the content of a third party's webpage into his own webpage A third party will usually have copyrights on his webpage. But a computer user visiting X's website will be unaware, depending on the framing tech- nique used, that the framed web content does not belong to X and/or that X is not authorized to display the content, which can be text, photo- graphs, or an entire webpage. In addition, the user's browser does not indicate any change in website location. An IMG link (also known as an 'IMaGe link', or an 'inlinc link') is a specific type of framing tech- nique that usually functions as follows: on X's webpage, a text appears, referring, for example, to a picture. When the Internet user clicks on this link, the picture is displayed below the text. This image may belong to X or to a third party. The Internet user remains under the im- pression that the image belongs to X. Another example is a thumbnail (a small version of a photo) which is displayed on X's webpage. When the Internet user clicks on this picture, the pic- ture is automatically enlarged. The full photo (the enlarged version) can belong either to X or to a third party. Again, the Internet user will labour under the impression that the photo belongs to X, unless the webpage indicates otherwise. Framing can influence the advertising revenue of both the framing party and the framed-to party. Websites that receive more 'hits' (visits) can ask a higher price for placing advertising banners on their websites. But when X frames Y's webpage or content on Y's webpage, this is not recognized as a 'hit' for Y's website or page and can therefore cause significant loss in advertising revenue for Y On the other hand, X's website gains the ISSN 1021-7061

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