The Ethics and Legalities of Publishing Stories Online

With the rise of online platforms, the question of whether you can legally use and publish a story online without explicit permission from the original author has gained significant importance. Understanding the nuances of copyright law and fair use can help individuals and organizations navigate this complex landscape.

Legal Requirements for Publishing Stories Online

It is not enough to simply give credit to the original author; you also need explicit permission to use their work. If you wish to republish a story online, the author must provide you with the necessary permissions. This is especially true if the story is under copyright and not in the public domain. For instance, if you have a poem published by an author and they have given you permission to post it with accreditation through MLA format, you can do so. However, this is not a common practice and should not be assumed generally.

Types of Copyright Infringement

Courts evaluate fair use claims on a case-by-case basis. They consider a fact-specific inquiry, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work. This means there is no predetermined percentage or specific number of words that can be used without obtaining explicit permission.

For example, the U.S. Copyright Office states, “Courts evaluate fair use claims on a case-by-case basis and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words lines pages copies—may be used without permission.”

Consequences of Infringement

Using a story without permission, even if you give credit, is illegal. Simply stating that you are giving credit serves no other purpose than to announce that you have used the work unlawfully. This can lead to severe legal consequences, including lawsuits. For example, if you republished a version of Snoopy vs The Red Baron without permission, even if you altered it slightly, you could still be held liable for copyright infringement. This can happen even if you do not earn any money from it.

Public Domain Considerations

There is an exception to this rule if the story is in the public domain. Public domain works are not subject to copyright and can be freely used, shared, and adapted by anyone. However, it is rare to find stories in the public domain unless they are very old. In the United States, copyright protection generally lasts for the life of the author plus 70 years, meaning that most stories published in the last 100 years are still under copyright.

For instance, if you are looking to republish a story that is more than 100 years old, it may be in the public domain and legally permissible to do so. But you still need to ensure that no one has renewed the copyright, as this could invalidate your use of the work legally.

Given the complexity and potential for legal consequences, it is always a safer and more ethical approach to seek explicit permission from the author before publishing any work online.

Conclusion

While giving credit is a good practice, it is not a substitute for obtaining the necessary permissions to legally use and publish a story online. Understanding the legal and ethical aspects of this practice is crucial for anyone involved in content creation and distribution.