Legal Question in Technology Law in Arizona
Copying and redistributing public data from another's web site
What is the law regarding the collection, copying, and redistribution of free, public information acquired from another's webs site? For example, stock quotes are public information that are not ''owned'' by anyone. Many web sites report stock quote information. There are programs out there that act as personal stock tickers that will access these web sites and report the information back to the user without requiring the user to actually go to the web site. Are there any legal precautions that must be taken here or is permission required before this data can be gathered? What if, in addition, a particular web site's terms of use include a statement that users are not to copy, reproduce, or resell any use of or access to the web site's services? Thank you for considering my question.
1 Answer from Attorneys
Re: Copying and redistributing public data from another's web site
Your last sentence is the dinger. You are quite correct in your impression that facts are not within the ambit of copyright protection. Cases have turned on ancillary factors, but the heavy legal hammer in the field is contractual restrictions on Web site access and use of data. If a valid contract is formed that prohibits a site visitor from copying data, the issue of copyright protection (or lack thereof) becomes irrelevant as between the contracting parties.
Best wishes,
LDWG