Is it legal to scrape another website for user submitted content? For example, if there was a news site that got its news solely from users submitting their own personally-written articles and stories -- who owns that content? Does the end user relinquish ownership once they submit that content?
Is it legal for another company to "scrape" that content and use it on their site, only removing it if the user who submitted it in the first place asks them to, either directly or via legal means?
Thoughts and insight would be appreciated!
The user owns copyright to the article or story that he wrote. This ownership of copyright gives the user the right to decide how it is distributed. For you to use the material legally, you must get permission of the copyright holder. The user may be the copyright holder, or the site may be if the user transfers the ownership. Either way, someone owns the copyright and it is not you. You need permission.
There are two defenses to copyright infringement: 1) fair use, and 2) parody.
Parody probably doesn't fit here. So that means you need to make a case for fair use.
Fair use has 4 elements:
1: The purpose of the use (commercial vs. non-commercial/educational) - if you are going to make money on this, fair use is out.
2. Nature of the copyrighted work - This doesn't really apply here, so I won't go into the lengthy explanation.
3. Amount of portion used in relation to the whole - Did you extract a quote? That is probably ok. Did you copy the entire article? Probably not ok.
4. Effect upon the market - if your site harms the market of the other site, no fair use.