Several federal claims are available for assertion by your client. To prevail on a derivative work claim, your client must prove that the message overlay physically incorporates a portion of the underlying copyrighted Web site. To maintain this defense, it must be established that the third party posting of the offending subject matter was for a non-commercial purpose, the work was unpublished, it was primarily informative rather than creative, and the small portion of the Web site that was used did not decrease the potential market for, or the value of, the protected Web site. There exist numerous theories upon which to predicate liability of the software company for violating your client's Web site integrity. The representative claims herein presented are by no means exhaustive.
Additional claims based on particular factual circumstances are often available.
Myriad avenues for relief will emerge as the law governing these Internet-related issues continues to evolve. See e.g., Ditzel v. University of Med. 962 F. Supp. 4 See e.g., Greenbelt Coop. 15 Linking involves the ability to move from one web site to another by clicking on highlighted text or graphics.