2007-02-09_Newspaper_Articles_re_Healing_Our_Island_Website

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Mr. William Kenoi February 9, 2007 Page 6 III. Providing Link to a Newspaper's Website is not a Copyright Infringement HOI's website provided links to county and state newspaper websites. Providing a link is not a direct copyright infringement because there is no copying nor public distribution involved. A. No Copying Involved Traditional "hyperlinking" transports the user directly from one website to another linked-to website, in this instance from HOI's website to the Hawaii Tribune Herald's website. The Hawai'i Tribune Herald's website is where the relevant ice epidemic article is stored and served/displayed directly to the user; HOI neither stores nor serves the article to the user. Merely to index the web so that users can more readily find the information they seek should not constitute direct infringement [of copyright law]. Perfect 10 v. Google, Inc, 416 F.Supp.2d 828 (2006). B. No Public Distribution done By providing links to newspapers, HOI did not do any "distribution." "A distribution of a copyrighted work requires an actual dissemination of copies. See, In re Napster, Inc. Copyright Litigation, 377 F.Supp.2d 796, 802-804 (N.D .Cal.2005). In the internet context, an actual dissemination means the transfer of a file from one computer to another." Perfect 10 v. Google, Inc, 416 F.Supp.2d 828, 844 (2006). In this instant HOI case, HOI provided links to the newspaper websites, but it is the newspaper websites that transfer the ice epidemic articles to a user's computer. Because HOI is not involved in the transfer, HOI has not actually disseminated nor distributed the newspaper articles, and therefore has not infringed on the newspapers' distribution rights. IV. Recommendation for Future Use of Copyrighted Material A. Posting of Relevant Newspaper Articles Acknowledgement of the source of the copyrighted materials is not a substitute for obtaining permission. Even if"fair use" is arguable, before copyrighted material is reproduced, permission should be obtained from the copyright owner. It is recommended that any permission be obtained in writing, in the event the permission is either questioned or needs to be confirmed