Publishers’ association of south africa

Caching

Caching at the server level, otherwise referred to as proxy caching, is done to facilitate quick access, linking and to save bandwidth. In copyright terms, an exact copy of the target site’s web site is made on a server for a certain period. Users accessing the cached site will have to click on “refresh” to access the original site. We could not trace any local or international cases that directly addressed the issue of caching. However, some foreign status and the Electronic Communications and Transactions (ECT) Act 25 of 2002 address caching:

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  Digital Millennium Copyright Act 1999 (USA) – caching by an ISP is an exception and will not result in copyright infringement.
  

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  Copyright Harmonisation Directive 1997 (EU) – caching is an exception and will not be copyright infringement if the caching is “integral to delivery technology” and “of no economic significance to the rights holder”.
  

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  Copyright and e-Commerce Directive (EU) – ISPs are allowed to cache web sites under certain conditions.
  

Although the practice of caching is widely used, it does not follow that it is legal. A person who caches another’s site may be liable for one or all of the following:

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  Delivery outdated information attributed to the caches web site e.g. share prices; and
  
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  Disguise web site visits and hits and therefor affect advertising revenue.
  

We suggest that the legislator urgently address the caching issue and whether the practice amounts to copyright infringement or not.

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