If you are operating an online business or a blog, understanding copyright law is essential. Copyrights protect original works of authorship from being used or copied without the permission of the author. This is true even if the original author is given credit and/or if a hyperlink is provided to the original posting/publication of the work. Copyright infringement carries significant legal and financial penalties.

Let us explore some hypotheticals. Imagine that you are operating a website providing information on environmental issues. One common misconception is that writing about social justice and important political issues exempts you from complying with copyright laws. This is not true. Even though you are blogging about something for the benefit of society (not yourself), you must still comply with the copyright laws.

Now, let us say you find some great content written by acknowledged experts on some key environmental topic. You cut and paste the whole article and post it on your website. You credit the authors and provide a hyperlink to the original post. In this example, unless you have permission from the authors, you have committed copyright infringement. Giving credit to and linking to the authors does not “cure” the infringement and will not be a legal defense if you are sued for infringement. This may sound counterintuitive since, surely, authors trying to make the world a better place will “want their message out there!” However, this is a false assumption that is legally dangerous.

What can You Do?

Essentially, the solution is to make sure you have permission to use the original work in this manner. First, search the original website or book or publication and see if the author(s) have given permission. If authors “want their work out there,” the authors generally explicitly say so and give permission for reposting. Second, if you find nothing giving you permission to re-post the whole work, then you must ask for and obtain permission, in writing and in advance, before reposting. This is not as difficult as it may sound. Send an email or private message to the authors. They may be flattered and happy to allow you to post the whole article. Even if they say “no,” the communication may still be a “net positive” since you may have made useful contacts in your community of interest.

Finally, even if the authors say “no,” you still have options. You cannot post the whole article in the manner described, but you can provide a summary of the key points being made in the article in your own words, without plagiarizing. When YOU write a summary, then YOU are creating an original work of authorship (not using another person’s original work). Then you can post your summary with a hyperlink to the original.

What About the Fair Use Doctrine?

The fair use doctrine is a narrow exception that allows someone to use copyrighted material without obtaining permission. However, generally, a person cannot post another’s WHOLE work and call it “fair use.” For use to be “fair use,” there must be some sort of criticism/discussion (like a review) or something “transformative” (like a comedic parody) and, generally, only short quotes are acceptable.

If you have questions about copyrights and protecting your online business or if you have questions about other intellectual property, contact the copyright lawyers at Revision Legal at 231-714-0100.

The Copyright Act’s Exclusive Rights and What They Cover

Copyright law under 17 U.S.C. § 106 grants the copyright owner six exclusive rights: reproduction, preparation of derivative works, public distribution, public performance, public display, and digital audio transmission. Online copying and republication typically implicate at least two of these: the reproduction right (creating a copy on a server) and the public display right (making the copy accessible to website visitors). Providing attribution and a hyperlink to the source does not negate either violation because attribution is not one of the statutory defenses to infringement.

This is counterintuitive to many people accustomed to academic citation norms, where attribution is considered sufficient credit. Copyright law operates differently. Attribution acknowledges source; it does not grant permission. The only legally operative vehicle for permission is a license—either express, granted in writing by the copyright owner, or implied, arising from the circumstances of the original publication such as a Creative Commons license applied to the original work.

Creative Commons and Open Licensing

Many content creators who genuinely want their work redistributed use Creative Commons licenses to say so clearly. A Creative Commons Attribution license permits reproduction, distribution, and adaptation for any purpose, including commercial use, provided the original author is credited and a link to the license is included. A noncommercial variant restricts use to noncommercial purposes. A no-derivatives variant prohibits the creation of adaptations. Before reproducing any online content, a website operator should search for license information on the source website. A published Creative Commons license is express permission. Absent such a license, the default rule applies: all rights reserved, and no reproduction is permitted without separate written authorization.

The Fair Use Defense: A Narrow Escape Hatch

The fair use doctrine, codified at 17 U.S.C. § 107, permits limited unauthorized use of copyrighted material in certain circumstances. Courts evaluate four factors: the purpose and character of the use, including whether it is commercial or nonprofit educational and whether it is transformative; the nature of the copyrighted work; the amount and substantiality of the portion used; and the effect of the use on the potential market for or value of the copyrighted work. All four factors must be weighed; no single factor is determinative.

For online republication of full articles, fair use is almost never available. The use is typically commercial, the work is fully reproduced (weighing heavily against fair use), and the market effect is direct and negative—the republication substitutes for the original, reducing traffic and revenue for the copyright owner. Commentary, criticism, news reporting, and parody are the contexts in which fair use is most commonly upheld, and in each of those cases, the user reproduces only as much of the original as necessary for the specific purpose.

Practical Compliance for Online Publishers

• Write original summaries, analysis, or commentary rather than reproducing full articles—this protects you and often produces more valuable content.
• Quote brief, relevant excerpts (typically a few sentences) paired with substantial original commentary; this use pattern is most consistent with fair use principles.
• Obtain written permission before reproducing any material in full, and keep a record of that permission.
• Check each source website for Creative Commons or other open licensing before republishing.
• Register your own original content with the U.S. Copyright Office to preserve access to statutory damages if your content is infringed.
• Implement a DMCA agent registration and a takedown-notice policy so that you can respond promptly if you receive a notice alleging infringement on your site.

If your website has received a copyright infringement demand or DMCA takedown notice, or if you want to build a copyright compliance program for your online business, contact the copyright lawyers at Revision Legal at 231-714-0100.