Is it a copyright violation if a third-party high content resource website is loaded in an <iframe> in my website?
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For example, I load many Quora pages into an <iframe>s in my website, is it a violation? I am still loading the whole pages of other websites !
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Answer:
I completely agree with "this is an unclear/legal grey area, so be careful" analysis, but would like to expand on a couple of points. Here are the three main possible areas of concern when framing third-party content: 1) If framing prohibitions appear in the "Terms of Use" it is clearly a violation of the website's copyright policies - but may or may not be a violation of law. In fact, many websites include "you may not frame this website" statements in the copyright policy sections of their site's terms of use (For the first random examples I Googled up, see: http://www.johnsonbank.com/terms-of-use and https://www.identifix.com/corp/terms_of_use.asp). That said, it's a grey area as far as whether violation of a site's terms of use constitutes a criminal violation. (See EFF's discussion/work on this issue here: http://www.eff.org/issues/terms-of-abuse) Edited to Add: Seeing as the question description specifically refers to Quora, I would point out that Quora's Terms of Use do not prohibit framing, and do provide for broad licenses to repost material - provided certain guidelines are met. 2) Unauthorized framing of a site is a copyright violation if you can consider the end result a "derivative work." This is the legal justification that disallows you from "in-lining" (e.g., using img src= links referencing a content owner's site in order to display copyrighted images on your site.) Even though you are not "copying" the content (since you are referring to the webpage hosted by the copyright owner), the full web page (your framed page + the external framed page) could be viewed as an unauthorized modification of the copyrighted/linked site. In fact, one court ruling found exactly that: Futuredontics Inc. v. Applied Anagramic Inc., 45 U.S.P.Q. 2d 2005 (C.D. Cal. 1998). Again, this is a grey area depending on the context and nature of the frame structure, and whether a judge would consider the site with frames to be a derivative work. 3) If you don't clearly delineate and attribute the content of the copyrighted/framed site, the framing could constitute "passing off/reverse passing off" -- which is a trademark violation. If the frames are used to either make your site content look like it belongs to the linked site -- or to make the linked site content look like it belongs to you -- and, if the linked site proves that reputation/goodwill/monetary damage occurred, this could be grounds for legal action. In one case, The Washington Post , CNN and others sued a website called Total News that framed their content, on the grounds of trademark dilution, noting that it would confuse users into believing the Total News ad content was, in fact, created by the source newspaper. This case was settled without a court opinion, but Total News agreed to stop framing and to only use text-only links. Again, this is a grey area, depending on the context and nature of the frame structure.
Suzanne Grubb at Quora Visit the source
Other answers
If you have no contractual agreement with Quora regarding their content, you can still "fairly" use their content if you can pass more of these test than you fail: 1) Purpose and character of the use - Are you attempting to educate the masses about some knowledge you gained from Quora? There's a pretty good case for an educational use of the information here, as long as you are not just a commercial endeavor in disguise. Educational use of content passes this prong of the 4 part test. Or, are you transforming the information in any way? The more transformative your use is the better it is for you. Your creative expression is allowed, the more of your expression in your work the better. 2) Nature of the copyrighted work - Is the work you are using a creative work or a factual representation? In the case of Quora's answers you may be able to claim that they are not a creative expression at all, but a collection of facts. Facts cannot be covered by copyright. You can reprint every page in the phone book if you want (Feist, 1991). 3) Amount that you copied - If you do not copy or use the entire Quora article you are in good shape. If you do not copy the heart of the Quora article you are in great shape. 4) Market effect on Quora - If you do not harm or impact the revenue that Quora makes from these answers then you have an incredibly good case for fair use. And if Quora makes no money from these answers now (and does not plan to in the future) there is no way for you to fail this test. Unless you start making money from the Quora works (then you are keeping them from a related market that you yourself invented). This prong of the 4 part test is the most important. If you're hurting someone's revenue potential then you really should rethink your use.
Jim Skinner
Whether it would be found legally to be copyright violation or not is not clear, but there is no doubt many content owners consider it a violation and would take legal action. See this wikipedia article (the section on framing): http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing You may run foul of trademark law rather than copyright. It's generally frowned upon except in very specific cases, and is unlikely to be the best option for you.
Mathew Patterson
Yes, quite possibly. See http://www.stoneslaw.net/2013/04/20/content-agregation-copyright-infringement/
Jeff Kesselman
Not a lawyer, but I guess it depends on how you do it. Sites like stumbleupon uses iframes to display the entire site. I dos not look like they have legal problems using it.
Kim-Georg Aase
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