Legal Question in Intellectual Property in Colorado

Use of a copyrighted article

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

DTC - 4610 South Ulster, #150

A TOLL FREE NUMBER is available to clients outside the Denver metro area.

web site http://www.effectnet.com/la/

email [email protected]

LawGuru user

Dear LawGuru user:

In general, the length of a copyright is the author or copyright holder's life plus fifty years.

I would need to conduct further research to give you a definitive answer, but I do not believe that you may _reprint_ such information without permission from the copyright holder. The copyright holder may be the magazine or the author of the article or both depending upon the contract between the author and the magazine.

If the magazine is not in print, try to contact the editor or the author and obtain his or her written permission.

On the other hand, depending on the facts of your situation, you may be able to "use" (as opposed to reprint or copy) copyrighted material as long as its source is noted. Under certain circumstances, you can write your own piece citing to the magazine article to give it proper credit as the source of your data.

As the article I wrote on my website at http://effectnet.com/la/trademarkcopyright.html states, "Copyright penalties will not apply if reproduction or use of the work is for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research taking into account the following considerations: the purpose of the use (eg commercial or nonprofit); the amount used relative to the whole work; and the effect of the use on the market."

Please let me know if you have additional questions.

Thank you for using LawGuru.

Sincerely,

Louise Aron

web site http://www.effectnet.com/la/