In recent weeks, I have had several calls from broadcasters asking if it was permissible to copy articles from other news sources and post them on the station website – with attribution to the original source. As I told them, posting content without permission of the copyright holder can lead to big problems. We have written about these issues in connection with the use of photos and video (see, for instance, our articles here, here and here), and recently even using embedded photos from a social media site have been called into question (see our article here). The copying of any substantial part of a news article raises the same issues as posting pictures or video found on the Internet onto your site. Such actions diminish the ability to of the content’s owner to profit from its own content. If someone can read a story on a broadcaster’s website, why would they need to go to the site of the originator of that content – even where attribution to the originating site (and even a link to that site) is given on the broadcaster’s site?
Years ago, there were many websites that would “aggregate” news by taking significant portions of news stories from other sites and make it available to the aggregator’s readers. There was a rash of lawsuits where content owners, including newspapers and others, claimed that aggregators using even a paragraph or two of the original story were infringing on their rights to their content. Content owners had real concerns about this aggregation sites, as a reader can usually get the gist of the story from the introductory paragraphs and, even when the aggregator provided a link to the full story, the readers would be far less likely to go to the full story when they had already been given its substance. Today, to avoid these lawsuits, most such news aggregators provide at most a headline (and sometimes even the headline can be creative enough to pose a copyright risk if run on an aggregator’s site – so just a generic paraphrase of that headline is often used), and at most a very brief description of the story on the originating site – a description that only directs the users of the aggregator site to the originating site and does not use any of the originating story’s language or original reporting, e.g. a statement that “you can find a good story about Virginia’s collapse in the NCAA tournament in this story” or “for more developments on latest in the personnel changes in the Trump Administration, check out this story in the Washington Post.” Using more than this kind of generic referral is a risk, and fair use is no often going to be available as a defense.