Internet Plagiarism - How can websites essentially copy content from others?

Asked over 1 year ago - Carmel, IN

Example:
-Source: http://www.nationalfootballpost.com/49ers-tinke...

-Copy: http://sports.yahoo.com/news/49ers-tinkering-id...

How is yahoo allowed to do this? What steps should one undergo if one wanted to legally use content from other sites?

Attorney answers (5)

  1. Michael P Matesky II

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    Answered . Yahoo! and National Football Post have an agreement. They are "content partners." See http://www.mediapost.com/publications/article/1....

    If you want you engage in wholesale copying of another's written content, you'll need to enter into an agreement with them (in almost all cases).

    I am an attorney, but I am not YOUR attorney. By providing free, generalized information, I am not entering into... more
  2. Andrew Mark Jaffe

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    Answered . National news organizations have mostly entered into reciprical arrangements which allow them to use the works of the other organizations without regard to their copyright. (They may also have monetary arrangements in place in advance.)

    If a person wanted to use content from other sites they would need to get the copyright owners permission before using it.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more
  3. Frank A. Natoli

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    Answered . Hi,

    I believe what you are alluding to is aggregated news agencies (e.g, Huffington Post). This is common where one source publishes content that was already published by another.

    The extent and use of content should be explored with your own IP lawyer in private so you understand the limits of how you can use that content.

    Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  4. Maurice N Ross

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    Answered . They should not be doing this. Indeed, on March 20, Judge Cote of the U.S. District Court for the Southern District of New York held that a subscriber-based news aggregation web-service violated copyrights belonging to the Associated Press by free riding on costly news gathering by the associated press. The case is Associated Press v Meltwater US Holdings. This is a potential game changer--but it is a result I have expected for many years. News and sports aggregation sites--like Drudge better beware---they are in big trouble if this decision is upheld on appeal. As I have predicted for years, the assumption that news aggregation and cross-linking between web-site is always ok has been a misplaced assumption. It is not ok for one-web-site to republish and aggregate pieces of stories published on another web-site----and my guess is that future decisions will include prohibition on hyperlinking by such services---a hyperlink induces infringement by the person who downloads the link and is just as much a violation of copyright law as the news aggregation/republishing at issue in Meltwater.

    Of course, when a web-site operate includes a share button that creates an implied license to share the link---but otherwise beware of copyright infringement

  5. Bruce E. Burdick

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    Answered . This is permitted as "fair use" because it is news and there is attribution. See 17 USC 107. Note that Yahoo does not claim credit, but prominently attributes the article to NFP. If you were the NFP you might think this is valuable publicity to have one of the most widely viewed sports news aggregators picking up your story and republishing it. Sure the NFP might have a borderline case for copyright infringement, but if they brought it they would be the loser for doing it. First Yahoo would never carry one of their stories and second they would likely lose the case at great expense.

    What steps should you, some small business, do if you want to emulate Yahoo Sports News and its news aggregation? My suggestion would be to deep link to the content and not repost it like YSN. Once you get big enough to defend yourself, you might change to a republication business model like YSN. You could get put out of business by a single claim of copyright infringement if you are just starting out, so you have to operate more cautiously. And regardless of what you do, you should consult and work closely with competent experienced copyright counsel so you anticipate problems rather than suffer the indignity, hassle and expense of trying to extricate yourself from a problem after the cat is out of the bag.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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