Legal Question in Intellectual Property in Georgia
I would like to use an article written in the editorial section of my local newspaper as the basis of my weblog. The author of the article said it is fine with him if I use it but the paper he writes for (Miami Herald) requires permission from Copyright.com. The weblog that I have is free; so, I make nor will make any money for featuring his article. Copyright.com said I would have to $300 to feature his article for 30 days. Wouldn't it be okay to just copy and post the article as long as he is clearly named as the author and his newspaper as the medium from which it is copied, without having to pay?
4 Answers from Attorneys
You can certainly discuss and comment on the article without permission, but you cannot use the article as your own.
No, it would not be OK to steal the newspaper's content.
You can face a criminal fine of up to $250,000 and five years prison plus civil damages that cannot be under $750.
As a Franchise Attorney I agree with the other attorney answers, but suggest a solution. Since you are on apparently good terms with the author, ask him to write a different article (on the same topic) for your weblog. Problem solved. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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