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Mass Media articles posted within forums - copyright?

Copyright infringement?

         

Once_a_Hero

9:50 am on May 15, 2008 (gmt 0)

10+ Year Member



What is the legality of the practice of forum members posting entire articles from professional media organisations?

For instance, copying an article from, say, the New York Times online (suppose the article is by Andrew Andrewson and entitled 'The Republican Problem')and then posting that entire article in a new thread entitled 'New York Times says Republicans in trouble', with a full copy and paste job of the article in question.

On a particular sporting forum I enjoy, posters do this all the time. Not everyone likes to read through all of the news sites that may have an article on our team, so if someone finds one, they post it on the forum for all to see - with a link to the site where the article can be found.

It is rather innocent, but I can't help but worry that perhaps this may be illegal. I'm not sure how the NY Times work, but some of my local papers only leave articles online for 2 weeks before they are restricted from non-paying customers. By having these posts out there in cyberspace, people may be less likely to pay to see 'archived' articles (as the same article can be accessed on a free forum), and this may potentially hurt the media company's bottom line - this the potential for litigation.

Does anyone know the laws regarding this?

Rosalind

10:37 am on May 15, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It's copyright infringement, and a pretty clear case as well. Unless you're prepared to license the articles from the NYT, just remove them, replace it with a link to the original, and post a notice explaining what copyright infringement is. Most people don't understand that this sort of thing is illegal, but do you really want to annoy a company with deep pockets like that?

Most people won't object if you just edit the posts and replace it with a link, even if the link expires. Although it can mean the link goes out of date, by that time the conversation in the forum will have moved on in any case.

Syzygy

2:26 pm on May 15, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sounds like a crash course in the basics of copyright and fair use would be of use, Once_a_Hero. You may find this of benefit:

Stanford Copyright & Fair Use Overview and Resources [fairuse.stanford.edu]

A grasp of just the rudiments can save you from a lot of unwanted grief...

Syzygy

zett

6:02 pm on May 15, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Copyright infringement. Remove the article, replace it with a link, and maybe with a short summary.

Fair use ends after a few sentences; an entire article is clearly too much.

Once_a_Hero

12:05 am on May 16, 2008 (gmt 0)

10+ Year Member



You see, the logic I have heard from the admin of a forum on which this practice is commonplace is that the news agency actually stand to benefit from this going on - people who otherwise wouldn't have been aware of the article now read it, and oftentimes follow the link to verify its validity, thus the news agency gets more visitors and so more potential for click-through for advertisements.

Of course, the counterargument to that would be that if you only copy the first sentence of the article, then people have to follow the link.

The admin made another point - if a news agency were unhappy with this practice going on, they would first contact the site to have the matter dealt with before taking any legal action. Do you believe this would be the case?

[edited by: Once_a_Hero at 12:06 am (utc) on May 16, 2008]

Syzygy

8:31 am on May 16, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



The logic is flawed. In fact, it's just wrong. What you are describing are blatant infringements of copyright.

Whilst a news agency, from whom work has been used without permission, may make contact first, you cannot be sure that they would. First contact may well be the letter threatening legal action.

Of course, if proceedings were instigated the site could find itself removed from search engine indexes. The hosting company could receive legal demands to shut the site down or at least bring pressure to bear in order to ensure that the offending material is removed. Claims for damages could be brought to bear. All these things could quite feasibly happen.

Sorry to say the admin is talking out of his/her backside and is playing a very risky game. Read up on Fair Use, get a grip on the basics of copyright law. It'll soon become very apparent to you that what you're describing is just not allowed and can come at great cost to the infringer.

Syzygy

phranque

10:03 am on May 16, 2008 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



as an example, see WebmasterWorld TOS #10 [webmasterworld.com].

farmboy

4:55 pm on May 31, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



It is rather innocent...

Maybe ignorant, but not innocent.

...the logic I have heard from the admin of a forum on which this practice is commonplace is that the news agency actually stand to benefit from this going on...

That's called rationalization. It's typically used by those who haven't yet had their site shut down.

FarmBoy

koan

10:05 am on Jun 11, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



You see, the logic I have heard from the admin of a forum on which this practice is commonplace is that the news agency actually stand to benefit from this going on

His "opinions" on the matter are irrelevant. The law says otherwise.

eventus

11:58 pm on Jun 12, 2008 (gmt 0)

10+ Year Member



the law is pretty clear on this and the answer is no you can't.

Shutting down a website is the least of their worries if they find themselves sued.. It's pretty easy to prove this type of copyright violation and the damages are usually satutory.