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Date Created: 12/21/15
Online school fee payment module for all school in India Let us say that you have a Web site about automobiles and you want to add a picture of a car. The photo is a copyrighted work. If you “touch up” the photo (say with Photoshop), you create a derivative work which you will copy to your hard drive. Processing to compress the file (for example to make a jpeg file) is creating a further derivative work. Composing a Web page that includes the graphic file requires accessing and copying the file again. When you put the graphic file and the rest of the Web page into your Web server (or back-end database) you make another copy. When a user of the Internet browser to your Web site and accesses the online school payment page that contains the photo, more copying happens. The compressed file is copied from the disk and sent into the Internet. In its traveling through the Internet, the file (and the rest of the page content) may be coached by one or more internet service providers, which constitute more copies. Then the compressed graphic file is transmitted to the user’s PC, which copies the file in both memory and on disk and then accesses it, decompressing in memory to create a screen display. As you can see from this example, if the original copy of the photo is used without permission, you have a long series of copying (and creation of derivatives) with no consent and therefore potentially dozens of infringements of the copyright. There is a section of the DMCA, a statute that we met in the last chapterthat provides a “safe harbor” for some Internet copying. (There is a discussion of these DMCA provisions below.) If anyone is sued for infringement when copying or distributing copyrighted works, unless there is consent, fair use or another defense such as under the DMCA, the copying will be infringing. The foregoing example illustrates the way to analyze question of copyright and possible infringement in the Internet context. The first step is to get a good understanding of the technology and the flow of content. Then one applies copyright principles to each copy and each derivative to see if it is infringing or not. Technologies change and Congress gives us new laws from time to time; but this approach to the analysis is constant. Generally speaking, there is no copyright issue under US law in providing a link. If I put a link on my Web page to www.feepal.in, it does not matter whether CNET Networks, Inc., the site owner, consented or not. That’s because I am not providing a copy of the CNET content a link is just the address where that content can be found. Some commercial companies on the Web have complained about (and even sued over) “deep linking,” which is linking to content on pages of a Web site other than the home page of online payment for school . The famous case was the 1997 litigation between Ticketmaster and Microsoft. Microsoft had a service called Sidewalk that included concert listings with links to specific pages on the Ticketmaster site where the tickets could be bought. Ticketmaster prefers that customers come to its home page where it displays advertising and where it tries to interest the Web viewer in other offers as well. The Microsoft case was settled (and ironically Sidewalk was later sold to Ticketmaster), but in a later and similar case, a US federal court in California ruled in 2000 that deep linking is permissible so long as it is clear to the user who is the owner of the linked-to site.
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