Building content from other sites - legalities

Hey everyone,

I have a legal question pertaining to the web/websites.

Can a webmaster build content for a site using content that is already posted on other websites (for example, feeds, or info that is on a blog post)? I know its possible, but is it really allowed?

For example, pulling information that is on a blog or myspace and displaying it on your own page, not to copy, but to provide information to your users.

If this were to happen, could the content owners come and have that taken down? What really is the legal situation here?

Any thoughts would be appreciated.

Thanks!
-N

If that content is copyrighted you cannot use it without the author's permission.

i see, well is all content on a site like myspace copyrighted?

Some of it is. Some of it isn't.

Found this with google, looks like it might help a little:
http://techlawadvisor.com/2006/09/05/copyright_fair_use_rss.html

Incorrect: All of it is unless explicitly granted to the public domain. You don't need to file a form, as soon as pen is set to paper it is the property of the author (or the author's employer) there are no exceptions. Actually filing a form makes it much easier to prove ownership of the intellectual property, but copyright protection is automatic.

Don't buy into the "fair use" argument. People who put forth this assertion are, more often than not, talking out their arses. This is an area that is aircraft carrier gray, with a gray halo and gray clouds and grey winds blowing in from the UK.

copyright FAQs



Back to fair use it is clarified HERE

But most importantly:

? Seems pretty vague?


Do you know what parts are and what parts arent?

For example, creating feeds from blog entries?

Public domain material, of which there is a lot available, may be used freely. It's hard to pin it down to exact content as there is just a ton of it out there. Using someone's RSS feed or blog entries will depend on what their terms of service are. That is copyrighted material and without their explicit consent you cannot reproduce it.

That's correct newsfeeds will often grant use according to their service terms but unless you get their permission you're not free to use it.

I suggest you read all the copyright faqs I linked to above and look around the copyright site. There's links to the actual text of the laws too, and info on berne, etc.

Be careful with the public domain idea. There really isn't a lot of it out there. This is especially true in what people proport as stock content. Go to ebay and you'll find "1000 samples $5.99" and even if the seller claims to give you full rights to use it the fact is its all been stolen in the first place. So the original owner of the content can still come after you. This goes for "stock" photos too, especially with the Internet and people looking to make a buck. Spend a day downloading some really nice images and put them on a CD and sell "stock photo libraries" but its not legal on either end and even more importantly can get you into trouble beyond copyright if you go so far as to use people's likeness. With some exceptions (celebrities, politicians) you cannot display photos of people without their permission. Even if it is a celebrity there's still limits. If you can't procure a model release form you can get slapped with some serious damages from the person who's photo appears on your site ... the photographer and person who provided you with the photo out of the loop completely.

This is all great information thanks everyone.

However, even with all of this, the MySpace case still seems very unclear to me. Lets say a webmaster wanted to reproduce the content of the shows section on a bands myspace.

If that webmaster had written permission from the band, would that be alright? The bands content is still owned by them when they post it to myspace, so granting permission to the webmaster to use shouldnt be any different?

"MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services."

BUT it ALSO says:
"Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MySpace Services. "

Whats the deal here exactly?

If you have permission from the band why not get the content directly from the band too?

The thing they're mostly trying to avoid there is leaching. If you stream a video from their servers on your site, for example. In which case you might not get legal action from copyright, but instead theft of services.

I am not getting the content right from the band because they already regularly update their myspace page, and it would save them posting the same information in multiple places.

It wouldnt be theft if a person had their permission.