Legal Question in Intellectual Property in California

IS IT L:EGAL to copy and paste an excerpt (text and graphics and photos) from another web site to put on my site if I have a link back to their web site as the origin ??

I'm planning a travel site that I want to show people certain places of interest from other sources.

It will just be their description of a place (not any info about how to get there or prices, etc) - that info the people will have to click on the link to go to that particular sight (so I would be actually be helping the source business).

thank you !


Asked on 10/01/09, 11:53 am

4 Answers from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Can not give specific answer without specific excerpt and website, and fee agreement, etc. But can give you some general information: The issue is whether your intended use is 'fair use" (a legal term of art). "Fair use" is the occasional and spontaneous use of copyrighted materials (site has common law copyright from authorship even without formal registration) for limited purpose. Prime example of fair use: to teach. Social commentary or parody are other examples of fair use categories. Use for money is a negative. Benefit to them does not erase the financial aspect. Better approach would be to license use of excerpt with the "payment" (legal term is "consideration," i.e. what given) being the referals to their site. By the way if their website has a registered copyright the statutory penalty is $750.00 per violation, i.e. per click. You may want to think about that.

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Answered on 10/01/09, 1:10 pm
Gordon Firemark Law Offices of Gordon P. Firemark

This depends too much on the specifics of the excerpts, the amount used, and the nature(s) of the two Web sites involved.

General rule... copying is not permitted.

Exception: If it is a "fair use". This requires a detailed analysis of multiple factors. Each case is different and depends on the specific facts.

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Answered on 10/01/09, 2:34 pm
Keith E. Cooper Keith E. Cooper, Esq.

If your site is a review site, where you are evaluating these other sites or companies, it would be easier for you to claim fair use. If you're just using these other sites to substitute for your own content or to attract traffic to yours, then not so much.

In addition to the copyright issues, there may also be trademark issues, and they are too complex to be answered without specifics of your site and the sites you are considering linking to. You should speak to a lawyer before spending time or money creating the site.

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Answered on 10/02/09, 1:19 pm
Seshadri Srinivasan www.lawconcern.com

It is better that you re-phrase the content ( which basically describes places and the ways to get there) which will have the same or closer meaning. As far as photos go, you must seek their written permission to display on your website.

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Answered on 10/03/09, 2:21 am


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