Posted by arlene

Although the meta tag can lead indirectly to an infringing link, HTML permits more direct violation by automatically pulling graphics and other elements off one Web site onto another without permission, using the <imgsrc => and other similar tags. Every Web page is made up of many different files, each with a distinct name and storage location. When a user clicks on a link, or types in a URL, the first thing received by the user is the complete HTML for the requested page, which may contain the text of the page but lack any graphics, images, or any content generated from databases. The browser software reads the HTML, and sends out requests in turn for each of the files named in the code. As a file is received, it is displayed to the user according to formatting instructions in the code. It’s this multiple request process which makes “hits” a poor measurement of site audience, since each “hit” is a request for just one of the files on a page—a single user may be responsible for ten or more “hits” while reading just one multi- element Web page.

Usually, the files making up a Web site reside on a single server operated by (or for) the site owner, but they do not have to, and the user will not be aware if they don’t. In some situations, a site may contract to pull in specific files from another location, including:

• ads served by networks such as DoubleClick
• stock quotes or specialized news feeds provided by information services such as Reuters
• Daily comic strips or columns provided by a syndicator

Even without permission or agreement, though, a Web site can load others’ content into its page (or rather, can cause the user’s browser software to combine the two sites‘ content into a single image) via HTML. In fact, any single file which can be retrieved by a browser program can be included within a Web page. A site choosing to do so, though, because its HTML code creates an audiovisual work using another company’s proprietary content without authorization, risks actions for infringement of both copyright and trademark, even though the site may not have actually made or stored any copies of the materials on its own servers. The more proprietary the content included within the infringing site, the greater the potential penalties.

A site which hijacks content in this way can only be punished if it is caught. How are you to protect yourself against your Web site content being included by reference into someone else’s Web page? How do you detect such a violation when it occurs? Does this mean that you shouldn’t put any of your proprietary content onto your Web site?

A number of strategies can assist you in preventing and detecting content-jacking by another site owner:

¨ Try to place an identifying logo or other watermark within the visible portion of any graphic, demonstrating your ownership of the image.

¨ Give your sites individual files names which are not only descriptive of their content but which either include your company name or are otherwise easily searchable. (For example, have each file name include the same random ‘ring of characters, such as XR279G8.) Then, periodically use a search engine such as Altavista to find all sites whose HTML includes your chosen file identifier. Your site will certainly come up, so limit the search to exclude it in the results, but any site pulling your files in may also appear, allowing you to identify the offending parties.

¨ Make a habit of reviewing the access logs for your site, to see whether any one file on a particular page is down‑loaded significantly more than others on the page; that’s an indication that a link to the file has been established by someone else.

¨ Use common sense. Some of your materials may be too sensitive to put on your Web site, since you cannot in fact prevent someone from copying and modifying your site’s content offline. This is true whether or not the content is taken by another site via link or otherwise.

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