Copyright
San Diego, CA
Viewed 128 times.
Posted about 1 year ago in General Practice
Flag as objectionable
Can I post a synopsis of a news article on a message board along with a link to the article without being in violation of copyright law?
Can I translate small parts (a few sentences) of newspaper articles in Spanish and post them on a message board? I'd like to keep my posts in compliance with the law. Thanks in advance. - Is this your question? Add additional information Answers (1)Peter A. Levitan
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
Flag as objectionable
As to the synopsis, yes. The U.S. Copyright Act Copyright Act permits copying as "fair use" for such purposes as criticism, comment, scholarship, research, parody -- and news reporting. But not all such uses are permitted, and there's no single clear test applied. This is evaluated on a case-by-case basis, using four factors to determine if the use qualifies as "fair use" and doesn't need the consent of the owner of the original copyrighted work: (1) the purpose and character of the use (i.e., whether your own use is commercial or nonprofit, which you don't say); (2) the nature of the copyrighted work; (3) how much of the copyrighted work as a whole is used (your synopsis presumably uses relatively little of the original article); and (4) how the potential market for the copyrighted work is affected by the use (since you're encouraging people to read the original article via your link, this might weigh in your favor).
But as to the translation, translation constitutes a derivative work (i.e., a work based on another work) and therefore requires the permission of the underlying work's copyright owner. Under U.S. copyright law, the newspaper articles are automatically covered by federal copyright law, even if no copyright notice appears on them. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP WITH THE AUTHOR (WHO IS ONLY ADMITTED TO PRACTICE IN THE STATES OF CALIFORNIA AND NEW YORK). FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Back to Search Results
Next question: grandparents visitation rights in wa state Previous question: drug possesion |