The views expressed here represent the opinion of the author and cannot claim absolute legal

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samiul12
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Joined: Sun Dec 22, 2024 10:39 am

The views expressed here represent the opinion of the author and cannot claim absolute legal

Post by samiul12 »

Is the third-party content protected by copyright or ancillary copyright? If not, then it may be used.
If so, then there may be a legal exception that allows the adoption (in particular embedding or quotation rights).
If no legal exception applies, permission from the rights holders is required.
When is third-party content protected by copyright?

Photographs and graphics are practically always protected. The content of texts, i.e. the facts and ideas, is not protected. This means that you can reproduce the content in your own words. However, the individual linguistic presentation of the content is protected. This means that other people's texts may not be copied one-to-one or with minor modifications (for example, rearranging words or sentences).

However, the text must be of a certain length in order chinese america data to be individual and original and thus protected by copyright. This is referred to as reaching a sufficient "level of creativity". If only one or two sentences are copied, this is generally not a copyright infringement.

Does this mean that titles and one or two sentences from articles can always be copied?

Very often, but not always. Even a short text can, in exceptional cases, be sufficiently individual and original to be protected. This is what the Munich I Regional Court assumed, for example, with the sentence “ I would have liked to, but I didn’t dare to ” by Karl Valentin (source: “Oktoberfest” in “Karl Valentin’s collected works”, Munich I Regional Court, 08.09.2011 – 7 O 8226/11 ).

Furthermore, the ancillary copyright law for press publishers may also be relevant if you list other people's journalistic content not just occasionally, but regularly in a kind of press review. In this case, to be on the safe side, you should not use more than the title.

However, third-party content is not only protected by copyright, but also by ancillary copyright. This means that its use may require permission even if it is not individually original.
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