A copyright infringement case on meta tag keywords was decided by the Federal Court in Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca), 2015 FC 19, considers whether meta tag keywords in the metadata of a website constitute copyright infringement.

Given that copyright issues are more prevalent with the growth of the Internet, the Federal Court’s decision on what is deemed “original” and “the degree of skill and judgment” required to attract copyright protection is crucial in navigating the copyright landscape.

What is a Meta Tag?

This copyright infringement case examined the legal implications of using and copying meta tag keywords and whether that constituted infringement. A meta tag is the HTML (Hypertext Markup Language) code that describes the contents of specific content on a website page.

Meta tags are brief phrases or keywords providing information such as the author of the page, its subject matter, relevant keywords, and update frequency. Although meta tags do not affect the webpage’s display, search engines use them to index the page for relevant keyword searches.

Meta tags are typically positioned within the HTML header of a web page. Common tags include the keyword meta tags, which describe page contents, and the description meta tag, which offers a brief summary. Meta tags enhance search engine ranking by associating specific keywords with a page’s content. Viewable through “view source” or “view page information,” meta tag details remain invisible to casual browsing.

Copyright Infringement Case: Red Label Vacations vs. 411 Travel Buys Limited

In this copyright infringement case, a travel agency named 411 Travel Buys copied certain content, including meta tag keywords, from another agency, Red Label. After Red Label filed a complaint, 411 Travel Buys removed the infringing content within two days.

Red Label subsequently sued 411 Travel Buys for copyright infringement over the copied meta tag keywords, as well as for trademark infringement, passing off, and depreciation of goodwill. The case questioned whether meta tags could qualify for copyright protection in Canada, as 411 Travel Buys replicated Red Label’s tags in title tags, meta descriptions, and meta keywords on 48 of Red Label’s pages.

For copyright protection to apply, a work must be “original” and represent an “exercise of skill and judgment.” The judge’s decision included the following points:

a) Meta tags were structured arrangements intended for a business function;
b) The originality standard was not met when an idea has only a limited number of expressions;
c) A compilation was deemed unoriginal if the selection was driven by function or law.

Does Copying Meta Tags Constitute Copyright Infringement?

The court concluded that because Red Label’s meta tags were derived from a list of common Google keywords related to the travel industry, there was no copyright infringement. The court found insufficient skill and judgment in creating the meta tag keywords to warrant copyright protection, as these terms were widely accessible.

While copying meta tags may constitute infringement when examining a webpage as a whole (which could qualify as an “original” work), this case did not meet the necessary standards. The work lacked both a sufficient degree of skill and originality, as the copied meta tags were functionally driven or dictated by legal standards.

Updated Perspective on Meta Tag Copyright in 2024

In 2024, the copyright landscape has evolved to address increased complexities in online content management, particularly regarding metadata and digital indexing practices. New legal precedents and amendments now consider the nuances of metadata usage, emphasizing unique content creation that meets higher originality and skill standards.

Recent cases have highlighted that while meta tags themselves are generally functional and thus often lack originality, copyright protection may apply if the metadata demonstrates a distinct creative choice beyond functional purpose. Courts are now more likely to examine whether a meta tag selection reflects a creator’s distinct perspective or if it simply uses generic terms that lack innovation.

Furthermore, with advancements in AI and automated content generation, originality assessments now consider whether AI-driven tools contributed to the metadata or if the work reflects a unique, human-authored expression. This development could impact copyright claims on automated meta tags, requiring claimants to prove significant human intervention in metadata choices.

Thus, while the core principles from Red Label Vacations Inc. v. 411 Travel Buys Limited remain relevant, evolving copyright standards in 2024 suggest that copyright infringement claims involving meta tags may hinge on demonstrating unique creative input rather than mere functional metadata usage.