© Framing
Of all the linking practices, framing is perhaps the most open to infringement liability. Because the framed content is displayed within the browser window of the linking site, and the Web address shown at the top of the screen (in the Address bar or Location bar) remains that of the linking site, there is a greater potential that users will be uncertain of the source of the content.
If the framed material is copyrighted, the linking site can potentially be held liable for infringement if it is found that the linking site created a "derivative" work from the copyrighted material.
Example:
One of the first cases to address issues posed by framing was Washington Post v. Total News, Inc. In February 1997, the Washington Post and several other newspapers filed suit against Total News, Inc., an Internet company that provided links to international news agencies. When a user visiting the Total News site clicked on CNN, for instance, the CNN Web page would appear within the frame, or border, of the Total News site. The suit alleged copyright infringement for unauthorized republication of copyrighted material, and included claims of trademark infringement and dilution.The case was settled in June 1997 when Total News agreed to stop framing content; the company continues to provide links out to the Web sites of other news agencies. Currently, there is little substantive case law on whether framing violates trademark, copyright, unfair competition or other laws.
