QUESTION

Is indexing and aggregating job postings from employeers career pages legal?

Asked on Nov 09th, 2013 on Intellectual Property - California
More details to this question:
I want to start a job search engine website (similar to well-known job postings aggregators like linkup.com) that will index and aggregate job postings from employers career pages. Aggregating involves parsing (copying) job postings and re-posting them on my website - very much like to what google.com or indeed.com does. Most websites include a " Copyright © 2013 All rights reserved" message and expressions like: "The content of this website is property of ...and is protected by copyright laws" - in their Terms of use. The source of the posting will be mentioned and users will redirected to the original page. Can this be considered a "fair use" of the job postings by a specialized job search engine? Are job postings considered to be copyrighted materials? Is it legal to re-post the entire job posting or just a part of it? Looking forward for you answer, Kind regards, Christian
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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I experienced something like this 7-8 years ago. We had an employment link on our web site, identifying that we were open to lateral hires and the qualifications needed for a lateral hire. Then we started receiving communications from folks who had found the add on a job listing aggregation site, one focused on legal jobs. I have never looked into whether copying and reposting these job listings is legal. Copyright protection requires a work with a modicum of creativity. The brevity and functionality of most job postings should not meet that criteria, although the bar has been set so low that it has been debated whether phonebook listings have a modicum of creativity. All I can offer here is that it is a debatable issue. More to the point, I think the question becomes, "what is the harm?" To get statutory damages, someone will need to have registered their copyright with the Copyright Office (only discussing US law here) within 3 months of the job posting. Someone who is aware of your site and wants to stop you, could post a creative job ad, wait for you to copy it, and register it in a timely manner to pursue an infringement action against you that could be worth 4-5 figures (my guesstimate, not the limit of the law). You may also have a fair use defense, as the posting is factually and not intended to compete with the job offeror. But why? Anyone posting an ad is trying to get it distributed to individuals looking for employment. Your site would promote their interests. Litigation is a hassle. If no one takes offense, then you'd be safe. If someone does take offense and you immediately take down their ad and promise not to post their ads in the future, they would likely be satisfied. I can't give you legal advice or legal conclusions because I haven't looked at the issue on point, but these are my thoughts on the subject.
Answered on Nov 14th, 2013 at 8:56 AM

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