I'd like to gather a compilation of anecdotes from message boards on a
particular subject.  Would I need the express permission from the
author of each and every individual post?  In what cases would I need
or not need permission?  How would I obtain permission?  What about
the service the posting is on?  Do they retain any rights to the
postings?

Hi Taylor123 ...

You ask interesting questions that are not easily answered. The better
question you might ask yourself, though, is can you afford to defend a
suit if you use material created and published elsewhere without
permission?

Before I discuss your question, I want to direct your attention to the
disclaimer at the bottom of this page:

     "Answers and comments provided on Google Answers are
      general information, and are not intended to substitute
      for informed professional ... legal, ... or other
      professional advice."

I am not an attorney nor an expert in Internet and/or intellectual
property rights, and this shouldn't be mistaken for legal advice, even
though I am quoting and referring you to advice given by attorneys.


You mention gathering posts for a "compilation of anecdotes from
message boards on a particular subject ..." Copyrights belong to
either the person who posted or, in some cases, the owner of the
board, and that depends on whether or not the board has a stated
policy of who owns the rights, etc.

There is a good discussion of copyright and the internet on the
Franklin Pierce Law Center's web site here:
   - http://www.fplc.edu/tfield/copynet.htm

The above is a good place to start, if for no other reason than to
stop and think of the consequences of what *might* happen if you do
what you're planning without permission.


GigaLaw.com has another post regarding "anonymous" postings on a
board, with an answer by Ivan Hoffman (considered one of the foremost
experts on copyright and the Internet):

     "Anonymity does not deprive the poster of his or her
      rights of copyright etc."
   - http://www.gigalaw.com/archives/0010/gigalaw-discuss-0010-00250.html


Hoffman's own site has a number of articles on other Internet
copyright matters such as "fair use"
   - http://www.ivanhoffman.com/fair.html

and other web-related issues:
   - http://www.ivanhoffman.com/web.html


To answer your questions, though, the best way to determine who might
own the copyright is to start with the board itself. If there is a
legitimate claim to the material on the board, there must be a Terms
of Use or other notice stating that the posts belong to the board
owner and that by posting, the poster agrees to this.

In that case, it would be the board owner you will want to approach
for permission to use the posts.

Absent such a claim, the poster is the owner of the copyright to his
postings, and it would behoove you to make sure you can republish the
comments before you do so.


There are some things which can't be copyrighted, such as facts;
however, how those facts are presented ARE copyrighted.


Other sources of copyright/board posting information:

  * Great Circle - List Managers discussion
    - http://www.greatcircle.com/lists/list-managers/mhonarc/list-managers.199508/msg00136.html


  * University of Texas - "Using Materials from the Internet:
    What are the Rules?"
   - http://www.utsystem.edu/ogc/intellectualproperty/useofnet.htm


  * Jupiter Media's Acceptable Use Policy (re reposting from
    boards/forums)
   - http://www.internet.com/corporate/privacy/aup.html


Summary
==========

Your best bet to protect yourself against the potential unpleasantness
of copyright infringement claims is to investigate and obtain the
permission before you include them in your compilation. And hang on to
those permissions, you may be glad you did.


Google search strategies -

  * copyright
  * internet
  * copyright + internet posts


Regards,

Serenata

---

Request for Answer Clarification by taylor123-ga on 28 Oct 2003 08:56 PST

That's helpful, thanks.  Could you address this issue of how one might
go about obtaining permission from an individual poster?  Oftentimes
their names are not provided and are not reachable by the provided
e-mail addresses.

---

Clarification of Answer by serenata-ga on 28 Oct 2003 10:29 PST

Hi again Taylor ~

I think in the cases of not being to reach those persons whose posts
you want to reproduce you could try with the board's owner, first and
explain what you'd like to do and ask him to contact the poster.

In the case of an open board, you might be wise to quote a small part
and link to the full posting. A small quote, giving credit and linking
to the original source usually falls within the 'fair use' doctrine
and probably won't get you in trouble.

If you've noticed, we usually don't quote an entire article or piece,
but will give you the salient points and then refer you to the source.

I would still go for the permission first, and if you can't find the
person to get that permission, be extremely careful in the use of the
quote - that is, quote as little as possible and link.

Right or wrong, using material to which someone else owns the
copyright can create a lot of problems if they decide to press the
point.

This is one of those cases where a bit of prudence now can save grief
later.

Yours,
Serenata

Thank you, Serenata.