Copyright Status of Newspaper Articles

From: Lawrence <jsl001[_at_]chief.morningside.edu>
Date: Sun, 20 Nov 1994 09:47:23 -0600

I would like to have the following issue clarified. (I am Chair of the copyright policy committee at H-Net, which is a group of 50+ academic lists).

COPYRIGHT STATUS OF A NEWSPAPER ARTICLE. I understand that there is a residual copyright even for unregistered material. But do newspapers copyright their entire editions, individual articles within them? When we think of the copyright of an article, are we thinking about its *potential* to be registered, or its actual registration?

NEWS ARTICLES ON INTERNET. There are plenty of articles now at assorted newsstands on the Internet--some at pay per service locations like AOL and others that have been deposited at public newstands. All of the sources that I am aware of contain an assertion of copyright. Does it make any difference, in the context of fair use, whether the subjects of these articles are ephemeral reports on the statements of public officials or public figures?

These questions come up constantly because electronic availability makes it easy to insert an entire article or a big chunk into your discussion list. Since list moderators do not readily perceive the commercial harm in their reproduction of a timely item, they are inclined to see this as fair use <being impressed by the impact on market factor of fair use>. We have formulated a policy against wholesale copying, but there is constant tension with the policy. In the minds of some, it comes down to a question of control and prudence rather than any enforceable right under the law.

Thanks in advance.

John Lawrence, Chair of H-Copy
JSL001[_at_]chief.morningside.edu
Professor of Philosophy at Morningside College Sioux City, IA 51106
712-274-5310 Received on Sun Nov 20 1994 - 15:58:03 GMT

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