Fair Use of RSS Feeds (How Far Is Legal?)

There has been a lot of talk recently — see Denise Howell for a great summary; also J. Craig Williams — about how other blogs can or can not utilize someone’s RSS feed. 

I think Robert Scoble started this, but it is something that I was wondering recently.

Here is a good example of one of my posts getting sucked into another site and then displayed (with ads around them): http://www.lcd-monitor-news.com/small_secondary_lcd_archive.shtml.

BTW … both Denise and Craig are excellent podcasters.

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4 responses to “Fair Use of RSS Feeds (How Far Is Legal?)”

  1. Since you offer up your content through a license that specifically allows commercial use, the example that you provide does not seem to be a problem.
    If you did not offer up your content under such a license and didn’t like the use then my opinion would be that it would be appropriate to send a cease-and-desist letter to the website that was using your copyrighted material.
    Obviously this would be up to the author of the material.
    As for fair use, it is something that is determined on a case by case basis.
    There are four factors to be considered when considering whether use is considered fair-use.
    See http://usinfo.state.gov/topical/econ/ipr/ipr-glossary.htm#elect and the “Fair Use” definition.

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  2. Since you offer up your content through a license that specifically allows commercial use, the example that you provide does not seem to be a problem.
    If you did not offer up your content under such a license and didn’t like the use then my opinion would be that it would be appropriate to send a cease-and-desist letter to the website that was using your copyrighted material.
    Obviously this would be up to the author of the material.
    As for fair use, it is something that is determined on a case by case basis.
    There are four factors to be considered when considering whether use is considered fair-use.
    See http://usinfo.state.gov/topical/econ/ipr/ipr-glossary.htm#elect and the “Fair Use” definition.

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  3. Thanks for the comment. You are right … my Creative Common’s license (http://creativecommons.org/licenses/by-sa/2.0/) does allow for commercial reuse of my RSS feed items. But it also says on the license page, that the user of such a feed make clear that the work is covered under Creative Common’s which this site isn’t doing from what I can see.
    Thanks also for the URL on fair use … I’ll check it out. – Steve

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  4. Thanks for the comment. You are right … my Creative Common’s license (http://creativecommons.org/licenses/by-sa/2.0/) does allow for commercial reuse of my RSS feed items. But it also says on the license page, that the user of such a feed make clear that the work is covered under Creative Common’s which this site isn’t doing from what I can see.
    Thanks also for the URL on fair use … I’ll check it out. – Steve

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