Jasper, AL asked in Copyright and Intellectual Property for Alabama

Q: Is it copyright infringement to copy and paste dictionary definitions into my notes or flashcard app?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Copying and pasting dictionary definitions into your notes or flashcard app for personal use generally falls under the category of "fair use," a concept in U.S. copyright law. Fair use allows limited use of copyrighted material without requiring permission from the rights holders, especially for purposes such as research, teaching, private study, criticism, or news reporting.

For personal study and educational purposes, copying dictionary definitions typically meets the criteria for fair use. However, there are some important considerations:

Purpose and Character of the Use: If the copying is for personal, non-commercial educational purposes, it's more likely to be considered fair use.

Nature of the Copyrighted Work: Since dictionaries are published works, the use of their contents is subject to copyright. However, using small portions (like individual definitions) is usually within fair use.

Amount and Substantiality: The less you copy, the more likely it is to fall under fair use. Copying entire pages or substantial portions of a dictionary might not be considered fair use.

Effect on the Market: If your use doesn't impact the market for the original work (for instance, if you're not publishing or selling your notes or flashcards), it's more likely to be fair use.

Remember, this does not apply if the content is used in a way that could substitute for the original dictionary or if it's used for commercial purposes. Also, some dictionaries might explicitly allow or forbid such uses in their terms of service. For complete assurance, especially if you plan to use the content publicly or commercially, it's advisable to consult with a legal expert or seek permission from the copyright holder.

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