Expert: Shannon Moore - 5/22/2008

Question
How can you use a newspaper article on a website without infringeing copyright laws?

Answer
Dear JoAnn,

I'd suggest checking the newspaper's site for their intellectual property page or contact them about reprinting/republishing rights.

If you're wanting to use just a section of the article, this type of usage could fall under fair use, depending on a number of factors.

Here's what the US Copyright Office has to say:

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a 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; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

Hope that helps! I wish you much success & happiness in all your ventures!

http://www.copyright.gov/title17/92chap1.html#107 – Link to above quote
http://www.copyright.gov/title17/92chap1.html#106 – Link to section 106
http://www.copyright.gov/title17/92chap1.html#106a – Link to section 106a

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com