Legal Question in Intellectual Property in Michigan
Copying web site content
A web site runs a series of forums, all publicly accessible (you don't have to be a member to read the forums). At the bottom of each page of forum postings it states ''Member comments are owned by the poster''. I copied some ''member comments'' to my personal web page, and the forum operator asked me to remove ''copyrighted'' information. Doesn't the footer comment described above essentially say that he does not hold a copyright for member comments?
The terms of terms does state that permission must be given by the site administrator to copy any content -- BUT only ''members'' who sign up agree to these terms. You can reach the ''members comments'' without reading or accepting the TOS. Should I be concerned?
2 Answers from Attorneys
Re: Copying web site content
Yes, you could have a problem. If the posters agreed as part of the terms and conditions of the site that their postings (and any copyright thereon) belong to the site owner, then the owner can invoke those rights against anyone making unauthorized copies.
Best wishes,
LDWG
Re: Copying web site content
The question is, is the actual quote the important thing, or is the content what you're after.
Re-write the ideas in your own words, then you don't have a copyright problem.
If you have to have the comments as written, then get the permission of the person who wrote it, or don't use it.
If you're using the exact words, or even a clear paraphrase, then you don't have free reign regardless of the terms of the site.
Copyright exists at publication for sure, and certainly that would occur at some time between when the poster pushes the "submit" button and the content is first displayed.
Further, I could see an argument that publication was intended within a certain context and that the permission to the website that was granted by the poster was not a blanket use permission. So, when I respond to a lawguru question, I certainly don't expect my words to be found on another website, but I do expect that I have the right to re-use my own words as I see fit and exclude others from using them without my permission.
So, you don't have much argument that the content is freely available.
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