Legal Question in Intellectual Property in New York

Transcription of Copyrighted Video Interview

I run an internet message board in which the discussion is focused on a celebrity. Recently, a member of my message board posted a transcript created by another website. This transcript was created from an interview conducted by a television network. The feature/special made by the television network was copyrighted, but the transcript was only of a short interview. There was a large �brawl� involving some very immature members about the posting of this message, accusing me for allowing this transcript to be posted � something easily countered by the board�s terms of service which clearly state that administrators are not responsible for content posted by other members.

Still, in an effort to close the discussion, I countered that the transcript was in violation of U.S. copyright law itself. The owner of the website and creator of the transcript replied that she was covered under Fair Use (�107). After my close inspection of this section, I found that she (technically) was not covered by Fair Use.

Though the issue might be considered trivial, in that I simply want to close the topic, am I correct in saying that the transcript is a violation of copyright (knowing that she has not previously obtained permission)?

Thank you


Asked on 6/08/04, 1:45 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Transcription of Copyrighted Video Interview

This is not a question that can be answered without actually reviewing the material posted on your site. "Fair use" is a highly fact-driven analysis and requires consideration of the amount of the original work copied, its significance, nature of the unauthorized use (profit vs. non-profit) loss of revenue lost to the copyright holder, etc. And, of course, what really matters in the event of an infringement claim, what a judge hearing the case might decide in light of all of the evidence so making absolute statements about whether something is or is not "fair use" is a bit risky. In your circumstances, if your terms of use have the appropriate language, it is best to simply refer to the provisions which give you the authority to control content on your site (allow it or not to allow). As far as disclaiming liability for possible copyright violations committed by users, incidentally, it only goes so far ..., especially if you do exercise control over what gets posted or not.

If you need your TOS reviewed or updated, let me know -- I do website legal audits regularly.

This reply is in the nature of general information, is not legal advice and should not be relied upon as such.

Read more
Answered on 6/08/04, 10:08 am


Related Questions & Answers

More Intellectual Property questions and answers in New York