Copyright Infringement - Fair Use

is Deep Linking Copyright Infringement?

Is it copyright infringement if you deep link your website to an article in a national newspaper?

The US Constitution provides a way of deciding if someone’s use of copyright protected content is infringement or just a fair use.  Here are the 4 factors courts use in making that determination. Now you be the judge.

The four factors are:

  1. Purpose and character of the use. Is the use transformative? Is it a commercial or noncommercial use?
  2. Nature of the copyrighted work. Is it an informative use e.g., facts, commentary, research, satire, parody) or is it highly creative, e.g., fiction.
  3. Amount and substantiality of work used. How much was used and does that use in question go to the essence of the work?
  4. Effect of the use on the potential market. Is there harm done to the value of the copyright? Does the use dilute the owner’s earning potential

Why should this matter to you?  If you’ve ever thought about inserting a link into your blog, website, Facebook Profile, or your tweet—without permission—then this is a case to watch.  Stay tuned for more on deep linking.  I’ll keep you up to date on the latest news regarding this case and more:  (Righthaven LLC v. Choudhry, D. Nev., No. 10-cv-02155-JCM -PAL, 5/03/11).

Until next time, I’m Attorney Francine Ward. Feel free to join my conversation on Facebook or suggest a topic you’d like to know more about.