Full question:
MY WEB NEWS PAGE WAS PLAGIARIZED BY A MEDIA COMPANY VERBATIM, INCLUDING MY CUSTOM DESIGNED BANNER. NO QUOTES OR CREDIT TO MY SITE, RATHER SIGNED BY THE AUTHOR OF THE SITE CONTAINING MY ARTICLE. ANY SUGGESTIONS?
- Category: Copyrights
- Date:
- State: New York
Answer:
You may be able to file a copyright infringement claim. Copyright infringement occurs when someone violates a copyright owner's exclusive rights without permission. Under the federal Copyright Act, infringement can happen if:
- the work is reproduced;
- derivative works are created;
- copies are distributed;
- the work is performed publicly;
- there is public performance of sound recordings.
Fair use of a copyrighted work, such as for criticism, comment, news reporting, teaching, scholarship, or research, is not considered infringement. To determine if a use is fair, consider:
- the purpose and character of the use (commercial vs. nonprofit);
- the nature of the copyrighted work;
- the amount and significance of the portion used;
- the effect on the potential market for the work.
Even if a work is unpublished, it doesn't automatically prevent a fair use finding based on these factors.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.