Legal Question in Technology Law in California

This question regards Copyright and Fair Use laws as it is applied to web content.

Could I be sued for copyright infringement for reposting certain web content for the purpose of challenging or countering the claims of another web site, their users posted comments and / or editorial opinion?


Asked on 8/01/09, 8:03 pm

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Fair Use probably applies, IF you take only the smallest portions of the content in question needed to clearly frame the issues you're addressing, IF your work is transformative, and IF your work is not likely to undermine the 'market' for the original.

Fair use is a complex analysis, and not something that can be evaluated fully without reference to all of the specific facts, and looking at the works side-by-side.

Also, it's important to remember that Fair Use is a DEFENSE to a copyright infringement lawsuit, so it's quite likely that you won't get to argue about Fair Use until AFTER you've been sued.

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Answered on 8/02/09, 11:30 am


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