Can copyright infringement apply to online comments?

On this blog, we've frequently discussed instances in which copyright infringement has occurred. Some of the most obvious examples of infringement may include artists stealing parts of a song and using it without permission as part of their own work. Other notable examples have taken place on the Internet, some in the form of file sharing sites that allow movies, music and other works of intellectual property to be distributed without the proper licensing. 

In some cases, copying someone else's words or ideas may also be considered copyright infringement. People make comments on the Internet all the time. Some of those who make commentary have distinct Internet images and personas. But can Internet comments be subject to copyright infringement?

A recent article in the Washington Post brings this issue up, noting a case of two bloggers that are engaged in a legal dispute surrounding blog comments. According to the article, a blogger by the name of W.J.J. Hoge claims that another blogger, named Bill Schmalfeldt, copied his comments and posts. It is claimed that the posts were used in Schmalfeldt's Twitter and e-books. However, according to the court, Hoge probably does not own the comments. 

The article notes that in order to sue for infringement, the party posting the comments must own the exclusive rights to them. As the author explains, the context in which the comments were used plays a role in whether they constitute infringement or not. Because the use of the comments involved another aspect such as criticism, it could be ruled to be fair use.

This article draws attention to the importance of knowing how to use intellectual property fairly, and taking the steps necessary to keep works safe from infringement. Contact a Phoenix, AZ small business attorney to learn more about how intellectual property affects your business. 

Categorised in: Intellectual Property Law

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