Forum Moderators: martinibuster
I am basically new to the world of Adsense and enjoy reading this forum.
Currently I am running ads on one site and am in the process of creating a second site.
My question is this:
The second site will consist, mainly, of informational articles... written by me. (All on various "family - related topics.)
Is it permissible for me to also include a few "reprint articles", by other authors, that have been published elsewhere on the net?
Thank You
As long as you have premission or include a link to the orginal news / article then you should be fine..! :)
As long as you have premission or include a link to the orginal news / article then you should be fine..!
That sentence needs to be clarififed. There's a problem with the "or".
If you don't have permission, you don't have permission, and merely linking to the original source is NOT enough to make it okay for you to copy someone else's work.
arifagic: or include a link to the orginal news / article then you should be fine..!
Can you show me where in copyright law it says you can copy someone else's content as long as you give them a link?
I check my referrals on a regular basis - the first thing that I would do if I found a site using my content with adsense, without my permission, would be to file a DMCA complaint with Google and have their content removed from Google and get them kicked out of the Adsense program.
[edited by: PatrickDeese at 6:30 pm (utc) on April 9, 2005]
Clearly states that people are allowed to copy your material under certain circumstances.
So, on an informational site where they may be writing about your stuff... they can take exerpts from your site legally.
Just pointing out that just because people copy word for word from your site doesn't make it copyright infringment.
Clearly states that people are allowed to copy your material under certain circumstances.So, on an informational site where they may be writing about your stuff... they can take exerpts from your site legally.
Befor you make statements like that.... see the following in section 107
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Placing the content on your site without the owners permission, and then running AdSense or other forms of revenue generation from the content would be an infringement.
(4) the effect of the use upon the potential market for or value of the copyrighted work.
One can easily state that it caused revenue loss from the owner if you came up for search terms from using their content without their permission.
I wrote "UNDER CERTAIN CIRCUMSTANCES".
Yes, certain circumstances which would NEVER be compatible with the presence of AdSense.
Not necessarily. I am no copyright lawyer but just going by section 107, it is not entirely clear whether Adsense would be allowed or not. The two arguements put up by contractor say that (1) the useage of the material should be non-commercial OR non-profit or educational. And (2) does the usage of the material affect the potential market or the value of the material.
(1) So what is commercial use? Is an informational website with adsense commercial use? First, how do you know that website is making a profit? And second, what if that site had other original content? In which case, what portion of adsense ads are generating income from the original content vs the copyrighted stuff? How can you say that the adsense revenue from the site is a result of YOUR material when it is mixed in with original content (ex. reviews or critiques)? It is not cut and dry.
(2) Next, how are you going to show that the use of your material on an informational site has affected the materials potential market or its potential value to you? In fact, if the informational site provides a link to your site, that could INCREASE the potential market and the potential value of the material in question.
Finally, those points are just GUIDELINES to determine what is fair use. It is not hard criteria.
[publaw.com...]
Don't take my word for it. Check out this page which discusses section 107 and what is "Fair Use". You will be surprsied at what can be considered fair use, even COMMERCIAL applications can be considered fair use.
Here's a scenario about commercial use:
I discover someone using content from my website without my express permission and I DMCA them into the homeless shelter.
A site doesn't have to be profitable to be considered commercial.
Here's a scenario about commercial use:
I discover you using content from my website without my express permission and I DMCA your ass back to the homeless shelter.
This doesn't answer ANYTHING about commercial use. This kind of response seems more like you are trying to bait me into a nonsensical and useless arguement. Please. Take the time to read the material before posting nonsense. At least read the link, it has valuable information on the interpretation of the law.
A site doesn't have to be profitable to be considered commercial. Look at Amazon.com or MCI.
So what? A company/organization/website doesn't have to lose money (or break-even) to be non-commercial.
And finally, the DMCA does not provide "special" copyright laws for websites. Copyright infringement is still based on the old copyright laws which I am discussing.
Just because you don't like it, that doesn't make it illegal.
no9t9, msg 16: (1) So what is commercial use? Is an informational website with adsense commercial use? First, how do you know that website is making a profit?
I would say that Martinbuster was spot on. Maybe you should take the trouble to read your own posts.
Now before you go further into miniscule exceptions - please take into consideration this thread.
The question was (msg #1), can someone reprint articles (not parodies, not transformative work, not excerpts - actual 100% reprints).
Then in msg 4, arifagic suggested that one could reprint articles (in their entirety), without the owners permission, if one linked to the source.
Then several people, including myself, disagreed with this statement.
Then you, (msg #11) began to claim (based on the premise of the thread) - that one could indeed reprint articles (implication is reprinted in their entirety).
That is categorically incorrect.
You cannot reprint articles in their entirety without explicit permission of the copyright holder, which is where the thread should have ended.
There are certainly very specific allowances for fair use - however - I would wager a substantial amount that no argument of fair use could ever be supported in the specific circumstance of publishing a copyrighted article in its entirety on another website that displayed adsense without the explicit permission of the copyright holder.
I don't care if the page never got a single click. The simple fact that my content has been duplicated runs the risk of my original content being filtered out in by Yahoo or Google's duplicate content filter, therefore diminishing the value of my content.
[edited by: PatrickDeese at 8:30 am (utc) on April 10, 2005]
This kind of response seems more like you are trying to bait me into a nonsensical and useless arguement.
You don't need me to bait you into a nonsensical and useless argument, you're doing fine on your own.
And finally, the DMCA does not provide "special" copyright laws for websites. Copyright infringement is still based on the old copyright laws which I am discussing.
You are correct there, but it gives the original author a means of having it removed from SE's and also from being publicly available on the content thiefs/infringing site. Ask your host how fast they'll shut down your hosting account if they receive a DMCA notice and you don't comply. The same goes with SE's. The DMCA offers them protection from liability as long as they act on the notice of infringement. If they do not - they can be held liable.
I guess Webmaster World is just like every other forum. Say anything different and you will get flamed. Good work. I'm out. I will not bother discussing anything again. It's not worth it.
edit:
PS. PatrickDeese, EXERPT does not imply entirety (msg #11).
It is possible to have a nuanced discussion of fair use doctrine, but this isn't the thread for it.
I guess Webmaster World is just like every other forum. Say anything different and you will get flamed. Good work. I'm out. I will not bother discussing anything again. It's not worth it.
No, it's that it's important to keep things in context in a thread, especially when a specific question was asked and your message "seemed" to imply that using others content without their permission is legal and fair to use AdSense on. It's important that people "scanning" through threads do not get the impression that this is legal or acceptable.
You have not addressed the original issue/question at all... don't get all worked up. If you want to start a discussion/thread on general copyright law that's fine, but it's important that the original poster and others that read this thread are not misled.
Again, for the record. I am NOT stealing content. I do have author permission for each article posted.
Thank you to those who responded.
I've heard of and saw a lot of sites that put adsense in articles that were taken from various sites that offer free articles. These are the articles that were voluntarily submitted by various authors for dissemination all over the net, because the authors want links to their sites to proliferate. I have yet to hear about a website owner who got disqualified from Adsense because he or she put adsense code in any of these free articles. I myself have put some of these 'free' articles in some of my sites, because they offer something of value to my visitors and I don't have the expertise to write them myself. The only problem with this is that there are a hundred other sites out there that feature the same article. So to answer your question, yes, I think it is OK to put adsense in an article that was not written by you, as long as you have permission from the author to use his/her article in that manner. The only time I'll change my view on this is if someone finally posts an "I-just-got-kicked-out-of-adsense-so-help-me" thread in this forum simply because he/she put adsense in a 'free-for-all' article.
"A number of changes were made to UK copyright law, taking effect from 31 October 2003. One of the most important was that copying for commerical purposes is no longer allowed under the existing exceptions whereby limited amounts may be copied without the consent of the copyright holder, providing the copies are for research or private study."
This brings the UK into line with the latest EU directive.
