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Is it legal to copy and use some amount of text for commercial use?

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jacob750

Member
If I am not downloading any content but just copying and using some text from a website for commercial use then would it be legal?
Example: Let's say I am copying and using some text for developing an application/service and selling it then would it be legal?
 


ALawyer

Senior Member
Your questions is far too speculative to answer, but I gather you already know the answer is likely "No, you'd can't copy someone else's work of authorship and pass it off as your own, especially if you're doing it for profit."

Among the considerations in play would be how much text you propose to use, what use you intend to put it, whether you intend to give credit to the author (such as in a citation in an article), whether your proposed use might be deemed "fair use" or "parody" (and you already know it likely would not be).

As a recent United States Supreme Court case has limited the ability of authors to bring suit until after the existing work has been filed and registered with the US Copyright office, you might be able to get away with it for a while, but once the work is registered be aware that you might face very stiff penalties.
 

Zigner

Senior Member, Non-Attorney
If I am not downloading any content but just copying and using some text from a website for commercial use then would it be legal?
Example: Let's say I am copying and using some text for developing an application/service and selling it then would it be legal?
Are you asking if it's ok to use stuff that you steal simply because you transcribed it by hand instead of copying/pasting? If not, then how do you intend to steal the material?
 

quincy

Senior Member
If I am not downloading any content but just copying and using some text from a website for commercial use then would it be legal?
Example: Let's say I am copying and using some text for developing an application/service and selling it then would it be legal?
Are you in the US, Jacob? Copyright laws vary by country.

Whether you can take text from a website for a commercial use depends on many factors, including the specific website from which the text is taken and the type of text.

Example: You can take from a government website quotes from laws and the amount of text taken will not matter.

Corrections and clarifications to what was said earlier by ALawyer:

Federal registration of a copyright with the US Copyright Office has always been a condition necessary prior to filing a copyright infringement lawsuit. A "recent" court case did not make this so.

If a work is registered before infringing activity or within three months of first publication of the work, the copyright holder is eligible for statutory damages of $750 to $30,000 per infringed work. If a work is registered afterwards, the copyright holder is limited to suing for the proven profits realized by the infringer and/or actual losses suffered by the copyright holder because of the infringement.

Attributing the copyrighted work to its author is not a defense to infringement.

And there is a statute of limitations for infringement (the time within which an infringement suit must be filed). It is 3 years (or when infringement should have been discovered) for civil suits and a criminal infringement suit must be filed within 5 years. A copyright holder cannot "sit on his rights" and allow damages to build.

More details would be nice - or, if you want to use someone else's words in a commercial manner, getting permission from the author in advance is the best way to avoid a lawsuit. Permission is generally granted in the form of a license.
 
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