Question about copyright/fair use: Can I blend together small portions of content to be used in an algorithm for commercial use?

[bluec0de]

Hi All. I live in Illinois if it matters. I am creating a website that is somewhat similar to a search engine, but involves some web scraping. For a specific product category, I plan to collect the high level product review rating scores (e.g., these vitamin pills get a 4.5/5 @ GNC, 4.6/5 at Walmart, etc. - just the highest level summary score for each product, not each individual review score) and combine them. Is this information copyright protected or allowed to be used under fair use? My website would average the ratings and use the ratings to determine a product recommendation. The product recommendation would have an affiliate link, which would be how I would cover the site's cost or make a little side money (likely back to one of the sites the information was pulled from in the first place).

• Aside from the above question, what specific elements involve copyright and fair use? For example, could I scrape, display, and attribute a rating to a specific site (e.g., Walmart) under fair use?
• Can I make my own blended score from multiple retailers under fair use?
• Or, most conservatively, if I don't display the "blended" rating score to the end user and instead use it internally to rank and show products, is that fair use? One part of me sees the rating as the retailer's property, but on the other hand, how is my approach different than a search engine ranking results by relevancy where my ranking criteria is more transparent to the end user?

 

[FlyingRon]

Facts are not protectable by copyrgiht. The score numbers themselves are fair game. I'd avoid using any of the prose from the reviews.

The stores may have trademark issues with you using their marks to further your business, however.

 

[quincy]

Hi All. I live in Illinois if it matters. I am creating a website that is somewhat similar to a search engine, but involves some web scraping. For a specific product category, I plan to collect the high level product review rating scores (e.g., these vitamin pills get a 4.5/5 @ GNC, 4.6/5 at Walmart, etc. - just the highest level summary score for each product, not each individual review score) and combine them. Is this information copyright protected or allowed to be used under fair use? My website would average the ratings and use the ratings to determine a product recommendation. The product recommendation would have an affiliate link, which would be how I would cover the site's cost or make a little side money (likely back to one of the sites the information was pulled from in the first place).

• Aside from the above question, what specific elements involve copyright and fair use? For example, could I scrape, display, and attribute a rating to a specific site (e.g., Walmart) under fair use?
• Can I make my own blended score from multiple retailers under fair use?
• Or, most conservatively, if I don't display the "blended" rating score to the end user and instead use it internally to rank and show products, is that fair use? One part of me sees the rating as the retailer's property, but on the other hand, how is my approach different than a search engine ranking results by relevancy where my ranking criteria is more transparent to the end user?

I suggest you stick to links and/or create your own ratings system.

You should not display without authorization another website's webpage.

How a company/site creates its rating system can be rights-protectable.

An interesting (albeit odd duck) case is CDN, Inc. v. Kapes, 197 F.3d 1256 (9th Cir. 1999):
https://www.law.cornell.edu/copyright/cases/197_F3d_1256.htm