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.
The use in the case you are referring to had several extra elements which prompted the court to not find copyright infringement.
2 Live Crew was fair use because their work was transformative. They took a beat and changed words to a Roy Orbison song. They did not blindy copy, as the question asker will be doing. They took the score, not the words.
The poster is taking the story, not quotes. His site is not transformative, and therefore his commercial use is not fair
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.