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Divya (HW)     22 May 2011

Is posting news from other websites on my website copyright?

Is copying and pasting news from other websites onto my website copyright?


Dear lawyers,


I am in the process of designing my own website which is based on health and beauty.The site is not ready yet.

My site will include interactive and informative options like Discussion forums,blogs,healthy recipes and NEWS SECTION.

The NEWS section is just a small section of my site,amongst the various other sections.This means that my site is NOT A NEWS WEBSITE.

In the NEWS section,the registered members of my site will post latest news related to health,beauty and nutrition,after copying and pasting the news from NEWS WEBSITES.


I will make it a rule that they mention the source of this news,ie,the name of website link,from where this news has been copied and pasted.If they don't mention the link,I will delete the news immediately.


1. Can this copy and paste lead to copyright violation,even if the members mention the source link of the news,next to the posted news?For example:


https://timesofindia.indiatimes.com/life-style/health-fitness/health/Gadgets-leading-to-health-disorders/articleshow/8316332.cms (SOURCE LINK)



2. Someone told me that for doing this,permission has to be sought from that news website,from where the news will be copied and pasted.But I have a doubt.


In many websites,including in Lawyersclubindia.com I have seen members posting news from 100s of different websites daily.How is it possible for the administrator to seek permissions from all these news websites beforehand?He cannot predict beforehand that the members will copy the news from this particular website.So how can he take permission from that site in advance?


Please explain.Thank you.



Learning

 14 Replies

nidhi sharma ( student)     22 May 2011

i searched about your question. i dont think there will be any problem

1 Like

(Guest)

Hi Divya,
Usually, the copyright owner will not sue you but politely ask you to remove their content. Put a disclaimer on your site making sure you fully acknowledge the sources. Most news-related websites allow you to post RSS feeds which include headline and short-descripttion with link to full article. I'm not an expert mind you, just trying to help.

1 Like

Isaac Gabriel (Advocate)     23 May 2011

The intellectual property rights in the internet age prohibits copyning or reporting  or reproduicing any meterial already published .It is the prerogative of the publisher to give permission for such publication.As of now, reproduicng any news item of any news paper is not permitted and violation of cpyright is involved iif reproduced in any manner.While venturing your website,it may not be possible to get permission every now and then. Be cautious in your initiatives as the penal provisions are provide for a fine of Rs. one lakh under the information technology act.

1 Like

Harikesh Sharma (Lawyer)     23 May 2011

The people who are posting news from other websites, they do not post for commercial activity. But, if you are posting news from other websites for commercial activity and if it is your business activity, they may sue you if you are violating copyright act.

I am not an expert. This is my personal opinion.  

1 Like

Divya (HW)     23 May 2011

Thank you everybody for your answers.

Dear Mr Issac Gabriel,

Does it mean there is no way to post news on my website that talks about latest developments and researches in fitness,nutirion and related things?How will I make the visitors of my site aware if these?

In this site also,where I am currently logged in(LCI),I have myself verified that all the news in the NEWS section is copied and pasted from other news websites.The sources of the news are also not quoted by people who post them.Similarly in discussion forums also many people simply copy and paste the news to inspire discussions related to the news.

How do such things happen here,when they are deemed illegal otherwise?

This is what is confusing me.

nidhi sharma ( student)     23 May 2011

news dont come under copyright. I think u should ask Mr. arup, he is in my friend list. he will tell the correct thing.

1 Like

PALNITKAR V.V. (Lawyer)     24 May 2011

A simple way is to check the website concerned. Generally a copy right notice is appended, if the publisher claims copyright. A news item may invite provisions of Copyright Act.

1 Like

Divya (HW)     24 May 2011

Thank you for your replies.

 

But no one has told me how in LCI,copied and pasted news is being submitted by different members in the NEWS SECTION.You can verify personally to know that all the news submitted here are purely COPY PASTE work.That too from all websites that have copyright policies.

 

 

Now coming back to my own website,please suggest me practical & legal ways so that members in my website can submit daily news in the news section of my website.

 

PALNITKAR V.V. (Lawyer)     24 May 2011

I think you should add a warning note on the website that the members shall not post anything which contravenes any law for the time being in force and that the contributor shall be the only responsible person for any such violation.  Add a disclaimer clause to protect yourself. If possible also try to add a link [button] wherein it should be mentioned "I certify that my contribution does not violate any law whatsover" and unless one clicks the link, he should not be able to post anything.

1 Like

Divya (HW)     24 May 2011

Thank you for reply Mr Painitkar.I will follow your instructions.

Meanwhile I was also thinking of a few things:

 

1. If I ask the members to write the news in their own words,after reading it in a news website,will that be legal?

 

2.If they write in their own words,is it necessary for them to also mention the source of this news,where they read it?

 

3. If they mention the source,can that website where they read it still claim copyright even after wordings have been changed?

 

3.Or there is no need to mention the source,once the wordings change?

 

Please advise from the legal point of view.


(Guest)

YOU CAN APPOINT MODERATORS, ADMINISTRATOR FOR THE SERVER POSTINGS AND APPROVE/DENY THE POSTS. ALSO POST WARNING MESSAGES WHILE POSTING THE SAME.

Isaac Gabriel (Advocate)     26 May 2011

I appreciate your interst.You can see on newspapers a particular news is given in their own type and desighn.Mentioning of source is not mandatory unless any dispute is made. By raising the above questions you have almost understood the intricacies of publications and so proceed confidently.The practice will teach the rest in due course.

Sy.patents (Freelance)     26 May 2011

Dear Divya,

 

It is good to note that you have great respect for copyright. Copyright has been one of the most abused IP rights, probably because of some inherent weakness in its enforceability. That apart, let me answer your questions one by one.

 

If I ask the members to write the news in their own words, after reading it in a news website, will that be legal?

Yes, this is the safest method and absolutely legal, and this should be the approach.

 

If they write in their own words, is it necessary for them to also mention the source of this news, where they read it?

Yes, you will be required to acknowledge, if you are quoting from copyrightable sources or expressing the similar idea in your own words driving inspiration from it.

 

There is a catch. Some one might argue that copyright subsists only in the expression of the idea, but not the idea per se, so I can take the liberty of not citing the source. But this needs to be understood according to the circumstances.

 

For example, let’s say “love story” is one idea. If I write purely my own thoughts (my own intellectual creation) on this topic I need not acknowledge any one. But, if someone has written on this topic and I want to write about it (whether a commentary, or criticism, review or abstract) to bring it to the notice of others, then I must acknowledge it.

 

As per Copyright Act, a fair dealing of copyrightable work for criticism or review is permissible. A fair dealing in my view, also involves acknowledging the original source.

 

There is no need to mention the source, once the wordings change?

The above answers this question too.

 

You can make it a policy that members write a short review of the news items and provide hyperlink to the main article.

HANSA KASHYAP (--)     21 May 2012

1. There is no proble, for your questionh no 1. But dont just copy and paste. make it in your own words. 2. If you give the source of the news, then no problem, but the the original owner of that news (website)have the right to ask you, not to mention his site in your site.

hansa.kashyap@yahoo.co.in


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