[thelist] copyrights and linking

Arlen.P.Walker at jci.com Arlen.P.Walker at jci.com
Tue Apr 2 17:31:01 CST 2002

The theory here can get quite involved, but here's the thoughts I have. The
underlying assumptions are:

1) The publication rights to the pictures have been sold.
2) The website in question uses img tags to display the images embedded in
its design.

If these are not true, obviously the rest of this message will probably not

If I create a page of links to other pages which display my work, I'm
merely telling other people where to find it. I'm comfortable with that
level of linking.

If, OTOH, I create a page which contains graphics which I have sold the
rights to, whether those graphics are housed on my server or housed on
someone else's server, I think I've crossed the line and created a
"derivative work," that is a work based on material that someone else owns,
not me, and presented it as my own.

If a viewer sees a web page, and got to the web page by entering my
address, then they expect to see my material. This cute little lie by
omission (let's call it what it is) that tries to avoid theft of
publication rights by keeping the images on someone else's machine, thereby
compelling them against their will to donate bandwidth to my site with no
compensation, might just be enough to make it survive a court case -- since
I'm not a lawyer, I don't know about that -- but it would definitely leave
me feeling slimy.

Spin the thing around on its ear, and maybe you can better find an answer:
How would you like to hire someone (I'm assuming the purpose of the
portfolio is to get hired) that you knew for a fact would disregard your
rights and do whatever they wanted to with what you paid for, including
using your own web bandwidth for their own ends?

Kant's Imperative still functions; "How would it be if everybody did what I
am proposing to do?" Answer that question, and you're on your way to a
solution to your own question.

Have fun,
Chief Managing Director In Charge, Department of Redundancy Department
DNRC 224

Arlen.P.Walker at JCI.Com
In God we trust; all others must provide data.
Opinions expressed are mine and mine alone.
If JCI had an opinion on this, they'd hire someone else to deliver it.

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