Archive of UserLand's first discussion group, started October 5, 1998.

Re: Who owns what parts of your webpage?

Author:David Carter-Tod
Posted:9/2/1999; 6:48:52 AM
Topic:Who owns what parts of your webpage?
Msg #:10448 (In response to 10420)
Prev/Next:10447 / 10449

I think there are clear distinctions between scraping, search engines and weblogs in terms of copyright law.

There are four factors in fair use:

http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#test

1. What is the character of use?

If it's non-profit that weighs in favor of fair use.

2. What is the nature of the work to be used?

If it's factual and published that leans toward fair use.

3. How much of the work will you use?

Less leans toward fair use.

4. If this kind of use were widespread, what effect would it have on the market for the original?

Obvious

So:

Search engines are generally for profit, the content is published, they only present a fraction of the content (e.g. title and abstract) and they probably contribute positively to the market for the original.

Web logs are generally not for profit, the content they're using is published, they only present a fraction of the content (they're presenting different headlines from different sources) and they contribute positively to the market for the original.

Scrapers -- don't know about profit, the content is published, but the present a significant quantity of the original, i.e. all the headlines from a single source, and they contribute positively to the market for the original.

My judgement is that scrapers differ on the basis of quantity of the original, even if they're not presenting the full articles, and for that reason are on much shakier ground than search engines and weblogs.

David

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