Linking and Liability for Creators [Part X]

In Part IX, we introduced the problems of frames. Here we will expand our discussion on the problems of frames. Because of their (frames) capacity to present data from several different sources as part of one unified display, frames can easily result in the juxtaposition of unrelated, even antithetical, pieces of content: pages from the Jewish Defense League web-site could be made to appear within a frame on a Neo-Nazi site, causing obvious confusion. In this latter case, the problem isn't that the Nazis are passing of the work of the JDL as their own -- the problem is the potential reputational damage to the JDL from having its name associated with a fascist group.
Consequently, framing third-party information into another web page raises issues of copyright infringement (derivative works), passing off, defamation, and trademark infringement. The solution to this problem is simple: if the use of frames is likely to give rise to the sort of confusion described here, third party pages and images should not be linked into the frame. (Brad Bolin of www.bitlaw.com)

So to all creators out there, do be careful. With this note….

[Part I] [Part II] [Part III] [Part IV] [Part V] [Part VI] [Part VII] [Part VIII] [Part IX] [Part X]