Discussion Forums  >  Uncategorized

Replies: 4    Views: 506

chrspe
Android Fan
Profile
Posts: 95
Reg: Jan 07, 2012
Buffalo, WY
5,400
02/19/12 07:33 PM (7 years ago)

Copyright - Linking to website

Is it breaking any copyrights by liking to a youtube page or a website within your app?

For example, if I made an app called Cheesmaking and had some good self made content but also links to cheesmaking videos and cheesmaking websites. Is this ok?

I see it the same as links on my website pointing to others pages, does being in an app make it different?
 
Fred@mySkylla com
Android Fan
Profile
Posts: 5259
Reg: Oct 03, 2011
location unknow...
62,560
like
02/19/12 08:27 PM (7 years ago)
it's the same whether it's via mobile app or webpage.
They're both infringments of the copyright.
The question is, ''Is fair use a defense?''

Fred
 
GoNorthWest
buzztouch Evangelist
Profile
Posts: 8197
Reg: Jun 24, 2011
Oro Valley, AZ
1,000,000
like
02/19/12 10:36 PM (7 years ago)
Hi @chrspe,

It may or may not be, depending on the circumstances. I did a search and found this:

'Linking and framing technologies have created a whole new area of potential liability, depending on how they are used. If a simple link is provided on a web page (the linking page) and all the link does is connect a viewer to another web page (the linked page), no copyright concern is likely to arise. On the other hand, more advanced manipulations such as directly linking to content that normally would be displayed only on the linked page can cause concern. This is an area of the law that is uncertain because most disputes have been settled and there are few, if any, litigation results to provide guidance.

A more common practice likely to create problems is called framing. Framing occurs when the owner of a web page (the framing page) links to content on a linked page, and the content of the linked page, not just a link to the linked page, actually appears on the framing page with the framing page's own content, including advertising and other promotional displays. In this case, the linking is not a mere pass through to another independent web page, but instead is a taking or copying of the materials from the linked page to be placed on the framing page as if it were the framing page owner's content. In such a case, it is difficult to argue that permission was given to display the content since the content actually is being loaded from the linked page upon which it appeared originally into the framing page. Without a license from the owner of the linked page, this would be a copying that is unauthorized and a violation of the copyright of the owner of the linked page even though the content was not physically moved to the framing page.'

So, the answer is it depends. My take is that simple linking will not cause a violation, assuming you link to the page in whole. I've done it, and Apple has not rejected those apps.

Mark
 
Red Dog
buzztouch Evangelist
Profile
Posts: 805
Reg: Jun 16, 2011
Southern Califo...
18,800
like
03/15/12 06:29 PM (7 years ago)
Hi Mark.

Very good info. What is your take for using a websites content when that website freely offers anyone the embed code to their content?
For example, videos on animal.discovery.com encourage viewers to share the videos on Facebook, twitter, etc; and give you the embed code when you hover your mouse over the video.
 
DrMacca
Aspiring developer
Profile
Posts: 17
Reg: Apr 22, 2012
Sheffield Steel...
5,870
like
11/12/12 11:15 AM (7 years ago)
That should probably be ok as it's what in uk at least might be called an "implied license" . The situation that GoNorthWest describes is known as "passing off" - you're basically making the other site look like it's part of your own.

It is a complicated area - remember though that copyright does indeed mean "the right to copy" , so always start there when you're asking the question. I.e. are you *actually copying something*? If so and:

you didn't create it
You don't otherwise own the rights to use it
Your employer doesn't own the rights to use it
You don't have an explicit license to use it
and
it's not in the public domain

then you have to be careful.

all the best

Graham
 

Login + Screen Name Required to Post

pointerLogin to participate so you can start earning points. Once you're logged in (and have a screen name entered in your profile), you can subscribe to topics, follow users, and start learning how to make apps like the pros.