Legal Question in Intellectual Property in California

Re: Using content from the Web

I'm going to disagree with Mr. Whipple here.

A person who creates any form of original expression, owns a copyright in that material from the moment it's created.

Using it without permission is Copyright Infringement, and can bring liability in the hundreds-of-thousands of dollars, even without any proof of actual economic harm.

The doctrine of "Fair use" may apply, but that's a DEFENSE that you bring up AFTER you get sued. By that time, you'll likely have spent tens of thousands of dollars on lawyer's fees.

Get permission. If they refuse permission, don't use the material. You'll be happier in the long run.

Re: Using content from the Web

You don't say what you want to "use" it for. Do you mean can you quote excerpts in a research paper for school? Or as source material for a published work? Or just tell your readers that the source exists and link to it? Each of those uses would provoke a different answer. And, it depends on whether the site is a reference site that freely allows copying or a commercial site that charges for access.

If you're using it for school, you should be safe as long as you give a full citation. Otherwise, you'd best get permission from the original writer or publisher.

Re: Using content from the Web

First, I'd look at the material carefully to see if it indicates copyright. This not only implies a higher degree of protection for the material, it also shows the author's attitude and intent.

Next, keep in mind that there is a "fair use" doctrine, which you might want to research for yourself to get a feel for what's fair and what isn't (subject a little to lengthy to discuss here).

Finally, note that actual suits to protect copyrights usually involve some kind of real or imagined monetary harm to the author or copyright owner. There is not much point in suing someone for copyright infringement unless the plaintiff has lost sales, or something. I'm not saying it never happens, but if you stick to fair use and don't generate significant profits, you should be OK, particularly as to material that does not indicate copyright.