Content Curation Question: Best Practices?

This sort of thing comes under the legal area of copyright law known as 'Fair use'.

Take a good read of Fair use - Wikipedia, the free encyclopedia

Chris, if you're re-publishing content from an article directory, ezine, etc., virtually all of those websites have terms of service that say as long as you publish the content in its entirety (including live links), you're fine. Some specific websites may even have a similar policy listed underneath each of their articles (I know mine do).

If you run into a specific article where you're not sure what to do, a quick email to the author will get everything straightened out. And, as an added benefit, by getting in touch with people, you may be able to get more articles from them - before they're published on directories and the like.

Ok thats great information guys... will apply thanks to each

The thing I am looking at is sites like Drudge and Huffington. These guys basically take stuff from anywhere/everywhere and I want to know how to do that without getting into hot water...

Great points (to be on the safer side), still nothing concrete seems to be coming up.

Chris mentioned Huffington Post. Now, sites like those curate hundreds of articles/news pieces a day. If I had a niche site and was attempting to curate in the range of 15-18 articles a day, am I really required to contact each source (and in a "niche" site, information sources tend to vary a great detail)? I mean... I understand that it's a good thing, but even better when it's not required... while still providing a link back to the original source. Anyone got any concrete knowledge on how to handle this? I saw Harlan's mention of the court ruling in a thread of his... The thread got divided into two sides of a healthy debate, out of which I couldn't decide what to do (in regards to curation).

You don't have to ask anybody's permission to quote part of an article, link to the article, and write your thoughts about the article. That's "fair use." We've always been able to quote other people's writing to a reasonable extent in our own works, regardless of the medium, provided that the quotes are properly sourced.

Try to improve the content you're quoting with your style and feel.

The matter of what actually is good content curation and not simply stealing other people's content is still blurry, but I think I can offer some basic advice. Don't use entire articles, instead write your own introduction, insert a few snippets from the original accompanied by your own ideas or thoughts. Of course you should include a link and attribution to the original author. Generally, if someone asks you not to curate their content just be polite and accept their wishes. You can find out some more information about good content curation practices here: rubymediacorporation.com/blog/why-content-curation-should-be-a-vital-part-of-your-marketing-strategy/

In my opinion, it's irresponsible to make broad claims about the legality of quoting entire articles, especially without specific references to the laws, relevant cases and the decisions delivered in those cases.

From what I've seen, decisions vary widely from case to case and judge to judge.

But... I'm not a lawyer, so I cannot give legal advice.

However, I can share my opinions, including this passage from my own book about content curation:


Plagiarism and fair use

You cannot use someone else's work, change it around and figure you're home free.

There are no specific number of words you can use. Further, just because you rephrased it or spun it, and the content measures 80% unique at CopyScape.com, that isn't assurance that it's legal to use.

As it says at the U.S. Copyright Office website, on their Can I Use Someone Else's Work? webpage ( U.S. Copyright Office - Can I Use Someone Else's Work? Can Someone Else Use Mine? (FAQ) ):

"How much do I have to change in order to claim copyright in someone else's work?

"Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work.

"Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent." [Emphasis added.]

The laws to read and understand are in Section 107 of the U.S. Code, and Title 17. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. (Ref: U.S. Copyright Office - Fair Use, and Title 17, U.S. Code. - U.S. Copyright Office - Fair Use )

When I use excerpts of others' work, it's usually as a reference for my own comments or criticism, or for teaching purposes. However, it's smart to keep this additional guideline in mind, from that same Fair Use page:

"The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

"Acknowledging the source of the copyrighted material does not substitute for obtaining permission." [Emphasis added.]

How much you quote can be a factor. Here's more from that same article, describing one of the four factors used by the courts to determine whether something is "fair use."

"The amount and substantiality of the portion used in relation to the copyrighted work as a whole."

If all of that leaves you terrified of lawsuits, you may not have the temperament for content curation.

I'm not sure that's going to answer all of your best practices questions, but I hope it helps.

thanks this very useful