CSUSA Media Library: Session Details

Session Name: Imperfect 10? -- A Discussion of the Display Right from Kelly to Perfect 10
MeetingType: Chapter Meeting
Date: 10/17/06
Description: Copyright owners have long relied on reproduction and distribution rights to protect their interests -- but on the Internet, new technologies can allow users to view works without additional copying or distribution. As a result, some copyright owners now view their exclusive right to display their works publicly as their last hope for meaningful protection online. But when does a public display happen on the Internet? The 9th Circuit first grappled with the question in Kelly v. Arriba Soft -- it found that a visual search engine's framing of an image violated the display right, but later withdrew its decision. Now, in Perfect 10 v. Google, the 9th Circuit is taking up questions of whether framing done in connection with Google's image search violates the public display right. Does a search engine display a work to the public by merely framing a work that is hosted on the image-owner's server, so that the image can be viewed within a browser window? The outcome could reshape the rights of copyright owners everywhere, and dramatically affect what over a billion web users can access online.
Program Details
Course Materials
Speaker(s): Andrew Bridges, Russell J. Frackman
Moderator(s): Hugh C. Hansen
Keywords: Display Right, Exclusive Rights, Internet|Online