Is it legal for an entity to collect and store content pertaining to itself on content websites using some means?
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Say, for example, I am an organization X selling service/product Y. Many blogs, news, social, review sites etc. have content pertaining to X or Y. Can X (or some service provider on behalf of X) browse/crawl these sites and compile information for further analysis internally? I understand, collecting this information and redistributing to others (in original or some modified form) might not be not legal. Most websites have terms of use that restrict crawling or storing any information on their site. Now, this highly restricts the kind of analysis X can do about what is being talked about itself. Moreover, nowadays, very little content is original (by site hosting that content), most is user generated content (e.g. blogs, reviews, etc.). So weird: The site owner is not fully responsible/accountable for that content, yet holds the rights on that content, and nobody can collect/store it for (even self) analysis. Will highly appreciate tips on how to deal with this problem. In general, and specific to the Indian context.
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Answer:
If you are copying the content from some other website then you would have copyright issues. It is legally incorrect to do so.
Luis Mier at Quora Visit the source
Other answers
US perspective: For reasons explained below, it is difficult to provide a definitive, one-size-fits-all answer. As prior answers have suggested, copying the content may constitute copyright infringement. However, there may be a fair use defense to infringement. As is discussed in http://danashultz.com/blog/2009/10/13/the-fair-use-defense-one-term-two-different-meanings/ (emphasis added): The fair use defense to copyright infringement is set forth in http://www.copyright.gov/title17/92chap1.html#107. It is designed to protect such activities as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 specifies that the determination of whether the use made of a work in any particular case is a fair use will be based on the following factors: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. The effect of the use upon the potential market for or value of the copyrighted work. There are no mechanical rules for determining how the four factors will be applied. Each case must be decided on its own merits. For example, reproduction of a short poem in its entirety may constitute fair use in an article by a literary critic. On the other hand, reproduction of that same poem solely for circulation among fans of the poet likely would not constitute fair use. The fair use defense is highly fact-specific, thus the answer to your question will depend on what is copied and how it is used.This answer is not a substitute for professional legal advice....
Dana H. Shultz
Most sites with user generated content claim the copyright in that content, but at the same time make sharing to other sites possible, meaning that they are allowing copying. In terms of social media, if you go through GNIP or Datasift, you will pay charges for accessing the posts, which are in effect license fees for using copyright material.
Nigel Legg
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