Suit Claims Web Linking a Violation

[Lazlo Toth <lazlototh@hempseed.com>]

Mr. Bernstein's own site (http://www.garybernstein.com/) has, as far as I
can tell, absolutely no external links.  I don't know whether this is a
recent modification in order not to undermine his case or it simply
reflects Mr. Bernstein's view of how the web should be.

It's hard to imagine him winning the case.  (God help him if he does;
that's a lot of angry netizens.)

>From ABC News:
>http://www.abcnews.com/sections/tech/DailyNews/websuit980921.html
>
>     San Francisco Examiner
>     Scripps Howard News Service
>
>     Copyright in Online Mediium
>     Suit Claims Web Linking a Violation
>     Sept. 21
>     In a lawsuit that experts say threatens the freewheeling nature of the
>World Wide Web, a photographer claims JC Penney Inc. should be held liable
>because its Web site was one of three "links" that ultimately led to an
>unauthorized display of his photo of movie star Elizabeth Taylor.
>     Celebrity photographer Gary Bernstein's complaint contends the
>department store, which advertises Taylor's "Passion" perfume on its Web
>site, violated his copyright even though its own site did not show his
>photograph.
>     The suit appears to be the first to claim a copyright violation
>resulted from multiple linking, the main way of moving about the World Wide
>Web. A hearing on whether the suit should proceed past the initial phase is
>set for today before U.S. District Judge Manuel Real in Los Angeles.
>....
>     According to the suit, JC Penney and Elizabeth Arden Co., the maker of
>Passion, in November1997 promoted the perfume with an online chat on
>America Online with Taylor, the perfume's spokeswoman.
>     Permission Not Granted
>     The chat site was linked to an Elizabeth Taylor Passion perfume page
>at a separate Web site run by JC Penney. On this page, viewers could click
>on a biography link that took them to another Web site run by Internet
>Movie Database Ltd., which featured information on the movie star.
>     Once there, they could click on another link that took them to a Web
>site run by the Swedish University Network, which included two photos of
>Taylor that had been taken by Bernstein. One-the "Pink Lady"-showed Taylor
>in a pink outfit. Another-"the lavender image"-showed her in a floral print
>dress.
>     Bernstein filed suit in April, claiming that he licensed the Pink Lady
>to Elizabeth Arden Co. to promote the perfume for a limited period that
>expired several years ago. The lavender image appeared on the cover of a
>photography magazine in 1986 and also was copyrighted, he said.
>     The suit said JC Penney, Arden and Internet Movie Database all
>violated Bernstein's copyright because-through the links-they reproduced or
>distributed the images on the Internet without his permission.
>     Weed Out Infringing Material
>     Moreover, anyone in the United States who found the photos through JC
>Penney's Web site and downloaded them also infringed on the copyright, it
>said.
>....
>Copyright 1998 Scripps Howard News Service. All rights reserved. This
>material may not be published, broadcast, rewritten, or redistributed."
>
>Entire article at:
>http://www.abcnews.com/sections/tech/DailyNews/websuit980921.html