Author
Kinari Patel
Description
This working paper discusses the copyright implications of caching web pages for Google and the Internet Archive's Wayback Machine, summarises potential instances of copyright infringement, and argues that responsibility for removing infringing content must lie with authors and rightsholders requesting such action, rather than placing the burden of proof on archiving services.
Date
2007 February 24
Abstract
The abstract provided by the author(s) of this work is as follows:
Archiving Internet content by storing old versions of Web pages is currently a growing trend because of the educational, cultural, and evidentiary value it provides. Google and the Internet Archive are two examples of Internet archives that provide this service. However, by storing old versions of Web pages without first obtaining the permission of authors, Internet archives infringe on the copyrights of authors. Under the fair use exception to copyright infringement, Internet archives may be legally authorized to archive old versions of Web pages without first obtaining the permission of authors in certain situations. However, this paper argues that, in all cases, the burden should be placed on authors to notify Internet archives that they wish for their Web pages to be excluded from the archive, rather than placing the burden on Internet archives to contact authors before they archive Web pages. By not overburdening Internet archives, the current opt-out policy is more advantageous than an opt-in policy because it allows Internet archives to continue to provide the benefits of archiving old Web pages to the public.
Commentary
This unpublished working paper was written by JD Candidate Kinari Patel during his tenure at Catholic University of America, Columbus School of Law.
Publisher
Social Science Research Network (SSRN)
Institution
Columbus School of Law, Catholic University of America
Jurisdiction
United States
Language
ENG
Size
134 KB, 30 pp.
Copyright Information
In Copyright
Rights and Reuse
All Rights Reserved
Cortex Citation:
Kinari Patel, “Authors v. Archivers: The Copyright Infringement Battle Over Web Pages,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/authors-v-archivers-the-copyright-infringement-battle-over-web-pages.
Kinari Patel, “Authors v. Archivers: The Copyright Infringement Battle Over Web Pages,” Copyright Cortex, accessed October 18, 2026, https://copyright-cortex.org/research/authors-v-archivers-the-copyright-infringement-battle-over-web-pages.