Is RSS Output in Websites Kinda Fair Use in the Copyright Law?
(By You Yunting) A user on Zhihu.com asked some question about RSS
- Is it kinda fair use of RSS?
- Is it kinda fair use to transfer the excerpt context RSS to the full text RSS?
- Is it kinda fair use of Flipboard and similar applications’ excerpt context which do not use RSS?
In terms of the first question: ,Is it kinda fair use of RSS?
If a website supports full content RSS output, then it is actually the using on the license of the copyright holder instead of the fair use. While, where a website only supports excerpt context RSS and if a third party scraps the content into a full context RSS, it is infringing as it has used the content without any license.
Let’s first check the definition of RSS. We could find a clear definition in Wikipedia (http://en.wikipedia.org/wiki/Rss.): If a website placed the RSS file on its page, user could use a RSS feed to read the latest contents if he cannot open the content page. Based on the said character of RSS, in author’s opinion, RSS actually is a form of authorization from the site owners. If the website provides RSS file, it licenses users to read the content without visiting its website. According to the Copyright Law, Fair use means that under the specific circumstance we can use the content without the copyright’s holder’s permit and with payment of remuneration. The transliteration of a published work into Braiile and into minority nationality languages and free performance of a published work belong to fair use.