Tuesday, January 31, 2012

Can I cite Webster Collegiate 's explanations in my noncommercial website?

HI,

I made a GRE vocabulary resource myself, and some of the explanations are from Webster Collegiate dictionary, but I already noticed that they're from that dictionary. And the vocabulary is noncommercial, but I wonder whether I will violate the copyright of Webster dictionary?



Thanks!Can I cite Webster Collegiate 's explanations in my noncommercial website?
That's sort of a tough question. Copyright does not protect "facts" or "ideas" but "expression." Of course, copying word for word would technically violate the copyright act. However, there is a concept called "fair use," which allows people to use copyrighted material in certain circumstances. It's a multi-factor balancing test,considering:

(a) The nature of the material taken

(b) The nature of the use

(c) The amount of material taken; and

(d) The effect on the market for the copyrighted work.



Based on the little bit of information you've indicated, this would seem to be fair use.

The material taken (from a dictionary, not an extremely creative source) would seem to highly factual, not highly expressive

The use is noncommercial

The amount taken is (probably?) not substantial -- a few hundred words out of 30,000; and

It would probably be difficult for ay dictionary manufacturer to prove that anyone didn't buy their dictionary (or use their commercially available website, etc) because of your GRE study site.



This, of course, doesn't mean that those results are guaranteed, nor that the dictionary publisher may not get mad if you use a substantial amount of definitions. But the plain and simple fact is that people cite dictionaries all the time; even for multiple definitions. That's their purpose. Unless you're bulk copying pages after pages of the dictionary, it would be pretty foolhearty for the publisher to accuse you of copyright infringement.



This, of course, is not legal advice, and if you'd like a full analysis, you should contact counsel in the state in which you live. Good luck.Can I cite Webster Collegiate 's explanations in my noncommercial website?
I have always thought to be on the safe side just cite the material.
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