Legal Question in Technology Law in New York
Fair use and Copright laws - applications for internet usage
How does the following relate to the category of 'fair use' under copyright laws?
A research and educational publication that is a compilation of the personal journals (diaries) of Individuals who have been using Isotretinoin (Accutane- a controversial drug). These Online Journals are available to the public and were posted anonymously.
The proposed book will analyze and compare the various results and side effects that were experienced by Accutane users, but the bulk of the book will consist of the full journal texts. Pictures of a non-personal and non-identifying nature will also be used.
This is a for-profit publication.
1 Answer from Attorneys
Re: Fair use and Copright laws - applications for internet usage
Who wrote these journals and under what circumstances? Was it in the scope of their employment? Is the author of the book their employer? These and other questions are important. If the Journals are in fact authored by individuals and they are used without authorization or license, I doubt fair use applies to such a for profit publication. It would be copyright infringement.
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