RSS Feeds and Fair Use

A copyright holder has - and should have - control over their work. It is a fundamental principle of Intellectual Property law and is designed this way to encourage individuals to bennefit from the creation of their works. There is an exception to this principle known as "The Fair Use Doctrine". This doctrine states that it is fair to reproduce work under certain circumstances. The circumstances are based on a four part test:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

The fair use doctrine comes into clear play when RSS feeds are re-used and wrapped with advertisement (just like frames use to do when frames were popular).

A recent podcast- This Week in Law highlighted some of the complex legal issues that present themselves when the openness of the internet clashes with attempts to make a living. On the program (if you have an hour and a half) Jason Calacanis (formally of AOL) and a panel that included Denise Howell, Cathy Kirkman, and Ernie Svenson discussused RSS Feeds and Fair Use.


Implied Licenses - is there one in RSS?