question regarding copyright

[zimu]

hey guys,

quick question regarding copyright law. a client on my server hosts a blog/news aggregator service. basically takes a bunch of articles from other blogs etc, puts up a very tiny excerpt and links to the original.

i received a notice stating:

This letter is a Notice of Infringement as authorized in 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA). I wish to report an instance of Copyright Infringement. The infringing material appears on the Service for which you are the designated agent.

question is, if it's an aggregation site and it's only posting an excerpt and linking to the original, is this considered violition of copyright?

 

[newnameman]

Yes.

 

[looker001]

As long you give credit to the origional author and do not reprint full article, it's not copyright. Just reply by saying you see no copyright violation and if they have a problem they need to get court order in order for you to remove the content.

I am not a lawyer and this is not legal advice.

 

[FDF12389]

Originally posted by: newnameman
Yes.

Dont we do that all the time on AT?

 

[olds]

Originally posted by: FDF12389

Originally posted by: newnameman
Yes.

Dont we do that all the time on AT?

Yes©

Notice.
I now hold the Copyright to the word "yes". Any further use of this word will result in a copyright action being taken against the individual or individuals using such copyright.

 

[Nik]

Originally posted by: looker001
As long you give credit to the origional author and do not reprint full article, it's not copyright. Just reply by saying you see no copyright violation and if they have a problem they need to get court order in order for you to remove the content.

I am not a lawyer and this is not legal advice.

No one should ever consider an internet forum post legal advice. Ever.

 

[GodlessAstronomer]

Originally posted by: looker001
As long you give credit to the origional author and do not reprint full article, it's not copyright. Just reply by saying you see no copyright violation and if they have a problem they need to get court order in order for you to remove the content.

I am not a lawyer and this is not legal advice.

I'm about as far from an expert as you can get, but I thought that all of the bitching about the DMCA existed because the burden of proof is on the "violator" to show he is not breaching copyright, meaning that the content must be taken down until the case has gone through the courts. I was under the impression that this is why the DMCA is such a shitty act.

 

[RiverDog]

Originally posted by: oldsmoboat

Originally posted by: FDF12389

Originally posted by: newnameman
Yes.

Dont we do that all the time on AT?

Yes©

Notice.
I now hold the Copyright to the word "yes". Any further use of this word will result in a copyright action being taken against the individual or individuals using such copyright.

No©

 

[elmer92413]

Originally posted by: zimu
hey guys,

quick question regarding copyright law. a client on my server hosts a blog/news aggregator service. basically takes a bunch of articles from other blogs etc, puts up a very tiny excerpt and links to the original.

i received a notice stating:

This letter is a Notice of Infringement as authorized in 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA). I wish to report an instance of Copyright Infringement. The infringing material appears on the Service for which you are the designated agent.

question is, if it's an aggregation site and it's only posting an excerpt and linking to the original, is this considered violition of copyright?

There have been some big lawsuits recently regarding exactly this.
The NY Times was sued and then sadly settled

 

[sao123]

so then Sites like this must be heavy copyright offenders... hmm?

 

[SMOGZINN]

Originally posted by: zimu
hey guys,

quick question regarding copyright law. a client on my server hosts a blog/news aggregator service. basically takes a bunch of articles from other blogs etc, puts up a very tiny excerpt and links to the original.

i received a notice stating:

This letter is a Notice of Infringement as authorized in 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA). I wish to report an instance of Copyright Infringement. The infringing material appears on the Service for which you are the designated agent.

question is, if it's an aggregation site and it's only posting an excerpt and linking to the original, is this considered violition of copyright?

It should fall under fair use, but corps would rather ignore fair use and just blanket everything with take down notices.

 

[torpid]

Are you aggregating any for-pay content or content that requires registration? If not I don't see how they can complain.