Legal Question in Intellectual Property in Illinois

Is it illegal to provide journalistic summaries of professional journal articles (from medical journals, education journals, etc...) on a commercial website without the permission of the journals? (the summaries are written in completely original wording and the source articles are appropriately referenced; no plagiarism is taking place)


Asked on 12/08/10, 4:35 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can tell you the underlying issue is whether or not the doctrine of fair use will provide a defense to copyright infringement. That is, when you get sued, hopefully the fair use defense will apply. Why wait for this to happen? Much better to get the permission of the journals before infringing on their copyright. 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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Answered on 12/14/10, 6:54 am


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