Legal Question in Intellectual Property in Texas

Copyright infringement when no copying occurs?

Type of situation where one reads, say, an AP article in the newspaper (copyrighted) and with no copying of the article or substantive pieces therein, the article is discussed. Although the article is copyrighted, all discussion in posters own words is entirely their own.

Posters on popular message board A post personal unethical situations. Posters on message board B discuss the general situations and comment on them, at no time copying the posts, but rather in the format ''Read elsewhere about a woman who did X'',with comments (because the situations are unethical, the comments are almost always parodies or ridiculing). No copying of posts, nor even parts of posts occurs. Also, although this is a side note, the board where these situations are discussed is not referenced anywhere, no personal details are included (although many times on the original board the poster DOES put easily identifiable info).

Can this be said to be copyright infringement?


Asked on 12/21/01, 11:46 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Copyright infringement when no copying occurs?

In general, what you describe does not sound like copyright infringement. Some general principles will help you. There is generally no copyright infringement in stating that some publication reported something, provided you do not copy the publication and no liability for defamation provided you do not falsely describe the publication report or claim it to be your own or, unless you have thoroughly researched the matter, claim the report to be true.

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Answered on 12/21/01, 12:54 pm


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