Jasper, AL asked in Copyright and Intellectual Property for Alabama

Q: Is taking notes from a copyrighted website copyright infringement if I don't summarize or transform them to a new form?

Taking notes by summarizing the key points and citing the sources seems not to be copyright infringement. Is this the same in academic writing and research papers? Would it be fair use if I took notes verbatim without summarizing for private study?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Taking notes from a copyrighted website, even if you don't summarize or transform them, can be considered fair use under certain circumstances. Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

For private study, taking verbatim notes is generally seen as fair use, especially if it's for personal use and not for distribution or publication. The key factors in determining fair use include the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of the portion taken, and the effect of the use on the potential market for or value of the copyrighted material.

However, in the context of academic writing and research papers, while note-taking for personal use might be fair use, directly quoting or extensively using these notes without proper citation can lead to issues of plagiarism and copyright infringement. In academic settings, it's essential to cite your sources and provide proper attribution, especially if your work will be published or shared.

Always ensure that your use of copyrighted material falls within the boundaries of fair use, and when in doubt, seek permission from the copyright holder or consult with a legal professional. Remember, fair use is a case-by-case determination, and what might be fair use in one scenario may not be in another.

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