What is the name of your state (only U.S. law)? California
Hello, Thank you in advance. I have an online store selling items made in a specific country. The foreign government from that place publishes a free magazine with articles and recipes to promote that place (published and distributed in the USA.) I contacted the agency, and they refused permission for us to publish (reproduce) their recipes online.
The Issue: Our competitor has been given permission, thus I suspect that an employee at said agency has some sort of interest to reproduce said articles. We frequently run into issues like this, where our competitor has gone out of their way to isolate our business from media outlets, manufacturers, trade shows, etc. in this manner. (The magazine even says that articles may be reproduced with permission, and I have seen them reproduced in other locations, but to a lesser extent.)
We are an established business with an excellent reputation and would not 'harm' the reputation of said magazine or country in any way, but would rather benefit them by acting as a positive promotional tool.
The question: Would I be within my fair use rights to reproduce a recipe from said magazine for the purpose of adding a commentary on my web site? Keep in mind that the magazine is given away for free, and actually ceased publication last year. thanks.
Hello, Thank you in advance. I have an online store selling items made in a specific country. The foreign government from that place publishes a free magazine with articles and recipes to promote that place (published and distributed in the USA.) I contacted the agency, and they refused permission for us to publish (reproduce) their recipes online.
The Issue: Our competitor has been given permission, thus I suspect that an employee at said agency has some sort of interest to reproduce said articles. We frequently run into issues like this, where our competitor has gone out of their way to isolate our business from media outlets, manufacturers, trade shows, etc. in this manner. (The magazine even says that articles may be reproduced with permission, and I have seen them reproduced in other locations, but to a lesser extent.)
We are an established business with an excellent reputation and would not 'harm' the reputation of said magazine or country in any way, but would rather benefit them by acting as a positive promotional tool.
The question: Would I be within my fair use rights to reproduce a recipe from said magazine for the purpose of adding a commentary on my web site? Keep in mind that the magazine is given away for free, and actually ceased publication last year. thanks.