Can I use a URL in my work without permission?

[Wrecks Cars]

What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)?

Answer the question above, and ask one of your own. It's likely more info than your post title are needed.

 

[FlyingRon]

URLs are not protected by copyright and I while it's possible I could come up with an infringing trademark use, I doubt you're talking about such a situation. Just what do you want to do?

 

[Wrecks Cars]

In the book I refer the reader to a URL and suggest they go to the URL and view it online on the Internet.
It could be any url, but here's the actual URL:

http://www.americancatholic.org/messenger/nov2000/feature1.asp

 

[Mass_Shyster]

In the book I refer the reader to a URL and suggest they go to the URL and view it online on the Internet.

One non-legal issue with that is the fact that the book will likely outlive the url. In ten years, when someone picks up your book, the url will no longer be valid.

 

[Silverplum]

Steve's correct: he beat me to it.

Your "plan" is pure laziness: you expect your "reader/s" to go to a URL to read and then return to your book, because you can't make your point without using someone else's work? Tsk, tsk.

This is "self publishing," if that. No reputable publishing house will put out such a "work."

 

[Wrecks Cars]

Fortunately, the book content is timely and shouldn't be an issue in ten years.
Alas, I'll just have to live with that problem.
I could always do a second edition if it came to that, but I don't think it will.
My initial problem is using the URL without anyone's permission to refer to it.

 

[Silverplum]

Fortunately, the book content is timely and shouldn't be an issue in ten years.
Alas, I'll just have to live with that problem.
I could always do a second edition if it came to that, but I don't think it will.
My initial problem is using the URL without anyone's permission to refer to it.

You COULD ask for permission: http://www.americancatholic.org/ContactUS/permissions.aspx

So why don't you?? Their stuff is copyrighted. You're required to have their permission to use their work.

 

[Wrecks Cars]

Thank you so much, Silverplum for your kind words and experienced insights.

The URL actually points to a video clip, not text.
In fact, I do a very good job of getting my point across in the text.
The video clip is simply a visual reference for the reader to reinforce my point.
After all, a picture IS worth a thousand words.

 

[Silverplum]

Thank you so much, Silverplum for your kind words and experienced insights.

The URL actually points to a video clip, not text.
In fact, I do a very good job of getting my point across in the text.
The video clip is simply a visual reference for the reader to reinforce my point.
After all, a picture IS worth a thousand words.

Request permission to use it. It's NOT YOUR WORK.

WHY is that SO difficult for you to grasp??

 

[Zigner]

The URL actually points to a video clip, not text.

Not when I went to it.

 

[Silverplum]

Not when I went to it.

That's because OP did a good job with his words.

 

[quincy]

Silverplum has already provided you with the best advice, which is to seek permission to use the URL in your book, and Silverplum has already provided you with a link you can use to acquire this permission. The others have nicely provided you with some reasons why permission may be necessary.

I can add some additional reasons why using the URL in your book without having permission to use it may not be wise from a legal standpoint.

First of all, publishing links is generally not a copyright infringement problem. The legal issues arise more from the purposes behind using a link and from any commentary accompanying the link's publication.

For an example, you can take a look at Intellectual Reserve, Inc v Utah Lighthouse Ministry, Inc, 75 F.Supp 2d 1290, D. Utah, 1999. In this case, a link was provided to others for the purpose of encouraging readers to obtain an unauthorized copy of a copyrighted text. Should your book encourage an illegal use of any sort of the copyrighted material accessed by your link, even if you never illegally copy the material yourself, you can be sued for contributory infringement. Your readers who illegally copy, of course, could be held liable for copyright infringement and sued.

It is also possible that the link you provided, which is, as Zigner says, a link to copyrighted text and not a video clip (although the following applies to a video clip, as well), could affect the advertising revenue that the American Catholic website may rely on - as your link bypasses the American Catholic home page, the site of most advertising for many websites. You can check out Ticketmaster Corp v Tickets.com, 54 US P.Q. 2d 1344, C.D. Cal, 2000, to see how such a suit may play out.

In addition, other legal issues (unfair business practices or trademark claims, or dilution or disparagement claims, to name a few) could arise, depending on your book's commentary as it relates to the material that is linked.

Because you will be linking to text or a video that is copyrighted, and perhaps especially because your intended link will be to material created by Bill Hemmer of CNN (who not only knows media law pretty well but also has a team of CNN lawyers at his disposal ), and because most publishing houses will request or require a release to publish links to copyrighted material, and because it is a relatively simple task to acquire permission, it seems to me relatively stupid not to get permission.

If you are self-publishing your book, I recommend you have a publishing law professional review the content prior to publication and that you have insurance enough to cover any lawsuit that might arise despite your best efforts to avoid one.

Good luck.

 

[Silverplum]

... and because most publishing houses will request or require a release to publish links to copyrighted material, and because it is a relatively simple task to acquire permission, it seems to me relatively stupid not to get permission.

If you are self-publishing your book, I recommend you have a publishing law professional review the content prior to publication and that you have insurance enough to cover any lawsuit that might arise despite your best efforts to avoid one.

Good luck.

It's extremely simple. I obtained two permissions just yesterday. One thanked me for asking.

 

[tranquility]

It is also possible that the link you provided, which is, as Zigner says, a link to copyrighted text and not a video clip (although the following applies to a video clip, as well), could affect the advertising revenue that the American Catholic website may rely on - as your link bypasses the American Catholic home page, the site of most advertising for many websites. You can check out Ticketmaster Corp v Tickets.com, 54 US P.Q. 2d 1344, C.D. Cal, 2000, to see how such a suit may play out.

Didn't Ticketmaster *not* get the injunction against Tickets.com deep linking?

I know you're not claiming it did, but, when used as a warning against the possibility of defending a lawsuit for some act someone once thought was a violation of IP, shouldn't there be some guidance? It seems the passing off of another's work as your own is a problem as is a violation of terms of use.

See also:
http://www.ala.org/Template.cfm?Section=Intellectual_Freedom_Issues&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25306
http://www.citmedialaw.org/legal-guide/linking-copyrighted-materials