Copyright Issues
WebCite maintains the legal position that its archiving activities are allowed by the copyright doctrines of fair use and implied license. To support the fair use argument, WebCite notes that its archived copies are transformative, socially valuable for academic research, and not harmful to the market value of any copyrighted work. WebCite argues that caching and archiving web pages is not considered a copyright infringement when the archiver offers the copyright owner an opportunity to "opt-out" of the archive system, thus creating an implied license. To that end, WebCite will not archive Web sites in violation of "do-not-cache" and "no-archive" metadata, as well as robot exclusion standards, the absence of which creates an "implied license" for web archive services to preserve the content.
In a similar case involving Google's web caching activities, on January 19, 2006, the United States District Court for the District of Nevada agreed with that argument in the case of Field v. Google (CV-S-04-0413-RCJ-LRL), holding that fair use and an "implied license" meant that Google's caching of Web pages did not constitute copyright violation. The "implied license" referred to general Internet standards.
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