Re: robots & copyright law

Gary L. Burt (glburt@toad.net)
Mon, 27 Jan 1997 17:23:49 -0800


Tony Rose wrote:
>
> I am presently writing a paper on Internet Search Agents and am trying
> to finish off a particularly tricky section on copyright law.
> The text I have so far goes:
>
> "Although documents placed on the Web are easily copied, this does not
> mean they are not subject to copyright law, so it is not always appropriate
> to download them directly".
>
> You'll notice that the phrase "not always appropriate" is deliberately
> woolly. Can anybody provide a more enlightened assessment? Is a document
> placed on the web OK to copy? My understanding is that most agents do
> so in their normal course of operation, so if it isn't OK (as I suspect),
> then does being a robot really make any difference?
>
> Thanks for any help,
> Tony Rose
> _______________________________________________________________________
> Dr TG Rose Senior Research Scientist Canon Research Centre Europe Ltd
> 20 Alan Turing Road, Surrey Research Park, Guildford, Surrey GU2 5YF
> email: tgr@cre.canon.co.uk tel: +44 1483 448807 fax: +44 1483 448845
> _______________________________________________________________________
>
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Interesting point. However, when you access a page on the web, it gets
copied
to your machine (cached locally), if I understand thing things
correctly.
That means that everyone who make data available gives you implied
permission to
copy that page. I would assume that having that copy is not illegal.
However,
what you do with that information becomes another issue. If you start
using that
page "as is" and making money with it, then you have great potential of
violating
the copyright laws. The bad news is that the authors of Web pages who
have no
interest in copyright protection do not mark it as being in the public
domain.
There is no way to tell that the author did not wish to restrict the
distribution
of his/her/its material.

To make matters worse, I don't think that I can recall ever seeing a
notation
putting something in to the public domain, nor do I know how to do it it
a way
that would stand up in court.

I suggest that if you are going to make money on distributing something
off the
Web, you should get the author's permission before doing so. Otherwise,
I doubt if
it matters to anyone that you have a copy in your possession.

Might also be wise if you are going to distribute a number of copies,
even if not
for profit, it would probably be wise to get the author's permission.

I wonder if companies doing business on the Internet really care that
you are
giving copies of their advertising to others, since it is really free
advertising that
you are paying for (the cost of the paper, that is.)

Food for thought.

Gary L. Burt
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