Legal question regarding copyright

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turnin

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Topic # 70010 16-Oct-2010 13:14

The law pertaining to data and websites.
Hi, I'm a wanna be android developer but this question is more about data.

I have assumed it's ok to publish an rss feed on my (commercial) website
I have assumed it's ok to link from an app to a website, even if the site isn't mine.

If the rss feed contains ( for example headlines , weather etc) from a commercial site, how much of that data can be reproduced from the rss feed.

I see there are apps in the marketplace that use NZ tv directories and format their data differently. The developer is ( i assume) foreign.

Whats are the rules, do I really need to go and talk to a lawyer. I know about open source data and having API access but there must be more to it. I'd like to make a cool app using NZ data but don't want to end up on the wrong side of the law as a result.

this could be a great topic for an article.

blakamin

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Reply # 392581 16-Oct-2010 13:46

Have you tried talking to the originator of the data?

richms

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Reply # 392583 16-Oct-2010 13:53

Their data, their copyright, and thanks to the US and their DMCA most hosts worldwide will pull stuff on a pretty pathetic complaint, so you run the risk of your whole app and site dying because of a complaint depending on how you split the hosting up.

The data on a website is published with a terms of use normally, and that will almost always prevent the republishing etc of that data. There may be seperate terms for RSS feeds of websites but that will be a case by case basis.

Deep linking to other sites from apps has had some stuff about it in the past, there was that app that got pimped at the iPad launch that angered the newspaper sites they were linking too (nets too slow to go looking right now)

Data has costs to create, and maintain, and if I had some and found that someone was using it in an app which bypassed my site with my advertising on it without asking I would throw the book at them to get it stopped IMO.

Richard rich.ms

hellonearthisman

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Reply # 392599 16-Oct-2010 14:23

The mashing up of RSS feeds is a strange area but it's mainly done for non commercial purposes and generally needs to contain a link back to the site in question.

Here's an example, I use google reader to view rss feeds, some articles I like and mark as liked. That generates a new rss feed of my liked items that can be embed into my website.
If the publisher didn't want there information syndicated then they would not publish in an rss feed.

Wikipedia has a good artical on http://en.wikipedia.org/wiki/Web_syndication

freitasm

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Reply # 392624 16-Oct-2010 15:53

turnin: The law pertaining to data and websites.
Hi, I'm a wanna be android developer but this question is more about data.

I have assumed it's ok to publish an rss feed on my (commercial) website

No, it's not. Most RSS feeds are released to allow readers to subscribe through a RSS feed reader. If someone gets a RSS feed and make it the source of data for an application on the other hand - and profit from that application, then most certainly there are grounds for action there.

As soon as something is "published" it has instant copyright, and you are not allowed to simply reproduce it in your commercial site.

turnin: If the rss feed contains ( for example headlines , weather etc) from a commercial site, how much of that data can be reproduced from the rss feed.

Usually just the headline and a link back is acceptable. Perhaps a paragraph. More than this is too much.

turnin: I see there are apps in the marketplace that use NZ tv directories and format their data differently. The developer is ( i assume) foreign.

And they are breaching copyright with that. Don't start the discussion if broadcast companies are entitled to copyright something that is broadcast over the air. Regardless of what we think, they claimed copyright and have big large deep pockets to take you to court.

turnin: Whats are the rules, do I really need to go and talk to a lawyer.

Best thing to do. A good lawyer might even tell you to stay away from copyrighted stuff.

turnin: I know about open source data and having API access but there must be more to it

What open source data? Except for some public government data, everything else is pretty much copyright. Unless you find a source using Creative Commons with the right clauses.

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