Legal Definitions - framing

The term framing refers to two distinct concepts within legal and business contexts.

First, in the context of communication and negotiation, framing is a technique where information, an offer, or a situation is presented in a particular way to influence how it is perceived by others, without actually changing the underlying facts or substantive terms. The goal is to shape the audience's understanding and encourage a desired response by highlighting certain aspects and downplaying others.

• Example 1 (Business Strategy): A tech company is preparing to announce a quarter with lower-than-expected profits. Instead of simply stating the raw financial figures, the CEO's presentation might frame the results by emphasizing the company's significant investment in future research and development, highlighting the growth in market share for a new product line, and pointing out overall industry challenges. While the profit numbers remain unchanged, the narrative is crafted to manage investor expectations and maintain confidence by focusing on long-term potential and external factors.

  Explanation: This illustrates framing because the company is not altering its financial data but is carefully selecting the context and emphasis of its presentation to influence how stakeholders perceive the results, aiming to mitigate negative reactions.

• Example 2 (Public Policy Debate): During a debate about a new environmental regulation, proponents might frame the policy as an essential step towards "protecting future generations" and "fostering green innovation." Opponents, however, might frame the same policy as "an unnecessary burden on small businesses" and "a threat to economic competitiveness." Both sides are discussing the same regulation, but their chosen language and focus are designed to sway public opinion and political support by emphasizing different consequences.

  Explanation: Here, framing is used by both sides to present the same policy through different lenses, highlighting specific benefits or drawbacks to influence public perception and achieve their desired policy outcome.

Second, on the internet, framing refers to the practice of embedding content from one website within another website's own layout, often inside a visible border or designated area. This can sometimes occur without clearly displaying the original source's web address (URL) or domain name. This type of framing can raise legal concerns, particularly regarding copyright or trademark infringement, if it creates the impression that the content belongs to the embedding site or if it is done without the original content owner's permission or proper attribution.

• Example 1 (News Aggregation): A website designed to aggregate news articles from various sources decides to display the full text of articles from reputable news organizations directly within its own site's interface, surrounded by its own advertisements and navigation menus. The original publication's logo and URL are either very small, hidden, or entirely absent from the framed content.

  Explanation: This demonstrates framing because the content from another website is embedded and displayed within the aggregator's own site, potentially misleading users into believing the content originated there or that the aggregator has permission to display it in this manner, which could lead to copyright infringement claims by the original news organizations.

• Example 2 (E-commerce): An online retailer specializing in unique artisanal crafts discovers a competitor's website that has framed images of its best-selling products directly onto its own product pages. While the competitor might have included a tiny, almost unnoticeable credit line at the bottom of the framed image, the overall presentation makes it appear as though the competitor is selling these specific items or has a direct affiliation with the original artisan.

  Explanation: This is an example of framing because the competitor is displaying another entity's copyrighted images within its own website's structure, potentially creating confusion about the source of the products or infringing on the original retailer's intellectual property rights by using their visual content without clear permission or proper attribution.