Obtaining Copyright Permission What you need to know before using someone else's data

Q:I'm creating content for a members-only site accessible topeople whose employers have purchased access. I'd like to knowif I can create some "best of" lists (golf courses, spas,restaurants) and add information to some of the listings, such as"Best Golf Course in the State, 1998, per GolfDigest" or "XX Magazine's Top 50Wines." These lists are either created via my own research(the golf list) or taken from a publication (the wine list). Must Iobtain permissions from every quoted "expert"?

A:Whenever you "borrow" content from someone else(including a list), you can assume it's protected by copyrightlaw, which protects unique expression in print, sound, graphics,etc. Some things you can borrow; others you can't. Two elementsare key: how much you borrow and how you use it.

There's a concept in copyright law called "fairuse," by which you can use a small portion of a work withoutseeking the creator's permission. But beware if you copysomething for commercial use-it's less likely to be"fair." Generally, if you copy a crucial portion of text,you'll get to copy less of it.

Your content will be lists of "best picks" in severalcategories. Obviously, lists are composed of data. No one cancopyright raw data or basic facts. What makes somethingcopyrightable is the arrangement of that data-a use thatmakes the naked facts unique. A "best of" list could besuch a personalization.

For example: Aimee is a hairstylist with 20 years'experience and lots of famous clients. Aimee decides she'stired of highlighting and serving as an informal divorce court andbecomes a consultant. Her Web site contains "Aimee's Top10 Hair Sites," for which she had to sift through and evaluate95 hair sites. Aimee's judgment (based on her experience) andopinions are what her Top 10 list is built on, so it's uniqueand copyrightable. It started out as raw data and ended up as apersonal guide.

Resource Guide Sort out the details ofcopyrighting with these books: The Copyright Permission and Libel Handbookby Lloyd J. Jasin and Steve C. Schecter Copyright Plain & Simple by CherylBesenjak

What does this mean to you? If you quote directly and credit thesource, you're probably OK. If you don't want to attributeyour picks to someone else, you'll have to re-format the rawdata gleaned from other sources so it's your own product, not aversion of someone else's.

Sometimes getting permission isn't as tough as you think.The originator may want the exposure of wider publication, properlycredited. But knowing who holds the copyright and respecting theirrights is important. It's spawned an entire group of people whoarrange content licensing or copyright assignments to preventinfringement disputes. If you decide you need a substantial portionof someone's copyrighted text, you can license it for afee.

So some lists can be yours, but avoid wholesale"borrowing" of copyrighted material. Data is everywhere;mold it into your own special product.

For more on copyrighting, visit the U.S. Copyright Office'sWeb site at www.loc.gov/copyright or the Copyright ClearanceCenter's site at www.copyright.com.

Joan E. Lisante is an attorney and freelance writer who livesin the Washington, DC, area. She writes consumer-related legalfeatures for The Washington Post, the Plain Dealer,the Spokane Spokesman-Review and the Toledo Blade(Ohio). She is also a contributing editor to LawStreet.com andConsumerAffairs.com.
In her practice, Lisante is counsel to ConsumerAffairs.com andwas counsel for Zapnews, a fax-based customized news service forradio stations. Previously, she served as Assistant DistrictAttorney in Queens County, New York, and Deputy District Attorneyin Nassau County, New York.

The opinions expressed in this column are thoseof the author, not of Entrepreneur.com. All answers are intended tobe general in nature, without regard to specific geographical areasor circumstances, and should only be relied upon after consultingan appropriate expert, such as an attorney oraccountant.