Expert: Kacey Cahill - 5/27/2009

Question
If I copy and past something from a website and paste it into an email for distribution, and I give credit for the article or information to the author are there any copyr ight issues?

Answer
Neil,

The quick answer is yes.  If the underlying work is protected by copyright (which you should assume it is unless it states it is in the public domain or you otherwise know it to be in the public domain), then you cannot copy it without the copyright owner's consent.  Giving the owner credit is fine, but it has nothing to do with copyrights.
Copyrights are created when a person creates an original work in a tangible means of expression.  The web site qualifies, so if the statements are original expressions in some way, then you must get permission to copy it.
The only other option is if your copying constitutes fair use, which is an exception to the copyright law.  There is a multi-pronged test and many, many cases interpreting it, but suffice to say if it is a VERY small portion of the overall work, and you are using it for a different purpose than the purpose for which the underlying work is used, then you have an argument that it is fair use.  I would not count on any assumption you make about fair use though without a lawyer that deals in the area looking at the facts and giving an opinion.
Last thought - copyrights do not protect ideas.  So if you take the factual content (dates, occurrences -- news type stuff) and reword the content into your own words, you are free of the copyright issue.

I hope this helps, but please remember that this is not intended as legal advice, but simply for educational purposes.

Kind regards,

Kacey Cahill
Principal, Kacey Cahill Law
www.kcahill@kaceylaw.com
www.kaceylaw.com