Forum posts copyrighted ?

[Jluv]

Are comments posted on a public forum copyrighted ? The forum has no TOS. Someone is taking the posts and posting them on a page they created so they can comment on the comments. In some cases, they take whole posts and in others, they just take portions of them. Wouldn't the posts made by members be copyrighted ? Or does this person who is taking them and posting them on their site have the right to use them as fair use ?

Thanks !

 

[charlesesq]

Are comments posted on a public forum copyrighted ? The forum has no TOS. Someone is taking the posts and posting them on a page they created so they can comment on the comments. In some cases, they take whole posts and in others, they just take portions of them. Wouldn't the posts made by members be copyrighted ? Or does this person who is taking them and posting them on their site have the right to use them as fair use ?

Good question. It is arguable that the posters own their own content. Another view is that the host may own the posts. The materials in the posts may pass the tests in the Fair Use Doctrine but I can't comment without seeing the material (and I'm not sure of applicability here.) I don't think the material is public domain since someone seems to own a proprietary right. We can speculate but unless there is an objection it's only a theoretical matter.