Does Fair Use Protect Bloggers?

Jump to Last Post 1-4 of 4 discussions (9 posts)
  1. cryptid profile image96
    cryptidposted 6 years ago

    One of my Hubs has been copied word-for-word on somebody's blog.  On the blog they also have a notice saying they know all of their content is under someone else's copyright, but they claim fair use for educational purposes.

    They were kind enough to link back to my Hub, at least. 

    Surely if I protest they will hide behind their flimsy legal stance.  Does fair use really protect them in this case or can I file a complaint?

    1. Uninvited Writer profile image79
      Uninvited Writerposted 6 years agoin reply to this

      They obviously do not understand the concept of fair use. I would definitely challenge it.

      1. WriteAngled profile image81
        WriteAngledposted 6 years agoin reply to this

        Agreed. Fair use covers the reproduction of a small percentage of an original work for the purposes of discussion, exemplification or criticism.

        A legal sounding letter will probably work wonders if you do not want to go to the expense of getting a letter sent from a lawyer, provided you can present it in a way that makes it appear to come from a company or partnership rather than from an individual.

    2. Dale Hyde profile image86
      Dale Hydeposted 6 years agoin reply to this

      Fair Use had been highly contested in various legal jurisdictions. It is a toss up on what is "actual" fair use...there are varying opinions. However, a copy/paste of an article will not fall under any type of fair use clause. The DMCA is the best choice if they refuse to unpublish the material themselves. I contact the owner or poster first, give up to a week, then file away myself. Overall, I have had some fantastic results from filing the DMCAs... Google does not tolerate the copy/paste sites at all. I have had numerous pages pulled from search.

  2. psycheskinner profile image84
    psycheskinnerposted 6 years ago

    They don't understand fair use.  Send the DMCA take down to them and then to their internet host.

    1. relache profile image85
      relacheposted 6 years agoin reply to this


  3. cryptid profile image96
    cryptidposted 6 years ago

    Thanks for the advice everyone.  Does the amount of text used matter in regard to fair use?  They had copied about 80% of my original article (I thought they scraped the whole thing at first but apparently they left out a paragraph or two) but yesterday I went in and added about 300 words of original text.  This is how I found the copy on their website.  This edit makes their copy about 40% of my present version of the Hub.

    I see no way to contact these clowns via email.  I may skip straight to the DMCA.

    1. Dale Hyde profile image86
      Dale Hydeposted 6 years agoin reply to this

      There is no requirement that you contact anyone prior to filing a DMCA. I usually look and attempt to find someone to contact, but if I can't, or I do and they fail to respond, I simply go with the DMCA.

  4. Greekgeek profile image90
    Greekgeekposted 6 years ago

    Skip straight to the DMCA.

    Here's a good primer on the FOUR factors of Fair Use from Stanford. All four factors must be satisfied, in order to qualify as fair use.

    ONE of the four factors is the amount that was taken. They should be excerpting; a complete or large part of the orignal is not fair use.

    Another is the impact it has on the original. In this case, it can knock your hub out of search results, or even get your hub locked as duplicate content, resulting in lost income.

    And "educational purposes" generally means classroom purposes, not uploading it onto the web. If they think it's useful for their students in its entirety, they can bally well link to the original, not copy it.


This website uses cookies

As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

Show Details
HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
LoginThis is necessary to sign in to the HubPages Service.
Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
AkismetThis is used to detect comment spam. (Privacy Policy)
HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
MavenThis supports the Maven widget and search functionality. (Privacy Policy)
Google AdSenseThis is an ad network. (Privacy Policy)
Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
Index ExchangeThis is an ad network. (Privacy Policy)
SovrnThis is an ad network. (Privacy Policy)
Facebook AdsThis is an ad network. (Privacy Policy)
Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
AppNexusThis is an ad network. (Privacy Policy)
OpenxThis is an ad network. (Privacy Policy)
Rubicon ProjectThis is an ad network. (Privacy Policy)
TripleLiftThis is an ad network. (Privacy Policy)
Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)