Legal Question in Intellectual Property in California

Can I take a popular article from online newspaper/blog, write a summary of it and post it on my website without asking permission from the content publisher, while providing a reference (link) to the original publication?


Asked on 7/07/11, 1:15 am

2 Answers from Attorneys

I would not think there is any problem critiquing or summarizing another article on your web site and providing a link to it. It would only become problematic if you republished the article in its entirety and were financially benefiting from it. Perhaps another attorney has a different opinion.

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Answered on 7/12/11, 1:23 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can expand on the other attorney answer. The starting point is whenever you use copyrighted material, permission of the copyright owner is needed or you can, and probably will, get sued. There is what is called a "fair use" defense that can be raised if you get sued. This allows limited use of copyrighted material without acquiring permission for things like commentary, criticism, news reporting, research, teaching, library archiving and scholarship. If you are just posting commentary, etc. on your website, that's one thing. If you're posting the entire article, that's something else. Consult with a good copyright or franchise attorney in your area for specific advice on fair use before doing anything.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/14/11, 7:11 am


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