Framing allows a web site to be displayed in a smaller window on another web site. When a site is framed within another, its URL or domain name is not displayed. Instead, the URL from the originally accessed site is visible. The window containing the framed site is bordered by as much of the originally accessed site’s branding as it chooses to display. Furthermore, users are not able to bookmark the target site, as the bookmark will save the URL of the framing site.
Bill Murray, Managing Director of Haymarket Interactive, today told OUT-LAW.COM that his lawyers have written to Burmah Castrol demanding firstly that the framing stops immediately because it constitutes passing off and copyright infringement, and secondly that the company pays Haymarket damages in respect of lost content revenue.
Mr Murray said:
“We are delighted for people to use our content. But if they want to do so, it’s only reasonable that they should pay for it. Complete-Motoring.com was framing our content without our permission or knowledge for at least six weeks that we know about, but our lawyers suggest that this could have been going on for years.”
He added that Castrol have indicated that they will comply with the demand to stop framing the Haymarket sites. However, Mr Murray said that they might still pursue a claim for damages if Castrol fails to pay for the content used to date. “We didn’t enter into this lightly,” he added.
Although there has been no reported decision on this point in Europe, it is feasible that if someone frames a web site without the consent of the web site owner then that person may be liable for copyright infringement by publishing the work. It could also be argued that the framing site is passing itself off as being associated with the framed site which is a separate legal wrong. It also raises questions of trade mark infringement.
While framing has not been tested in the European courts, it is only sensible to frame another site if permission has been given by the site’s owner. In the US, there have been cases on framing but they have provided little guidance.