Expert: Michael Troy - 8/20/2010

Question
I don't know where else to go and hope you can help me. My questions: Is it legal to download a newspaper article which is posted online if you are using it for your own information and not for distribution or any other reason.
Thanks for any advice.
Leonardo20

Answer
Hello,

Please keep in mind that I cannot provide legal advice in this forum.  For that, you would need to speak with an attorney who is licensed in your State.

That said, I am happy to discuss this matter in general terms.  Generally speaking, copyright law does not allow for any copying under any circumstances, whether for profit or personal use, distribution or non-distribution, without the permission of the copyright holder.  However, there are exceptions to this general rule.  The doctrine of "fair use" allows a person to copy copyrighted material for limited purposes.

The question of what constitutes "fair use" is not very well defined.  Courts have set out four general considerations in deciding this question:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work

Some questions are easy.  For example, copying an entire commercial movie would likely not be considered "fair use" since the primary purpose of such an act would be to deprive the copyright holder of selling a copy to you for you to view.  At the other end, taking a few quotes from an article to use for discussion or for reference, would almost certainly be considered fair use.

Most things fall somewhere in the middle.  In your example, of copying an entire article, you are taking the whole work, not just a small portion.  Even so, the fact that the article itself is not a large work (like a whole book), that there is little value to the copyright holder for the article once it is a few days old, and the fact that your copy is not likely to affect the value of the copyright in any substantial way is likely to make the action "fair use." and therefore legal.  But again, because there is no clearly defined rule, it is difficult to say with 100% certainty.  

I will say, however, I have never heard of a person being sued, or even threatened with a suit for making a copy of a newspaper article for personal use.  That is generally considered an acceptable practice in most circumstances.

- Mike