Can data such as exchange rates be copyrighted? What if a website uses its own method/custom method or algorithms to calculate rates, are the results of these calculations then copyrighted? I want to use a rate from another website to calculate prices for my products. The website however clearly states that they don't want any form of copying. While I know I could be violating the Terms of Service would I also be liable for copyright infringement?
If I understand your intent, you want to calculate the prices of your products in various currencies using an online exchange rate calculator. You want to know whether there are any copyright implications.
No.
Your input data and the calculator's output data are not copyrightable. While the code that created the calculator is copyrightable, you have no access to that code simply by visiting the website on which it exists. And while an exchange rate calculator is likely patentable subject matter, one without anything unique about it is no longer patentable and, even if it is, your use of it via the website would not infringe the patent.
Speak with your own California-licensed intellectual property attorney if I've missed something or if you want further information about the website owner's assertion that "they don't want any form of copying." Good luck.
Hi There,
IP protection for software/algorithms can be tricky. A program can be patented as a method for performing a specific function, and the code underlying the program can be copyrighted. However, many companies choose to protect things like algorithms as trade secrets (e.g., Google's search algorithm), and enforce their rights through contracts such as the terms of use you see on the third-party site referenced in your question.
Background aside, if I understand your question correctly, you want to know whether raw factual data can be copyrighted. The answer to that question is "no." While you can copyright a compilation of data, such as a text book or news article, you cannot copyright the underlying facts. A copyright on a dictionary, for instance, only protects the specific organization, presentation, and other unique aspects of that dictionary, not the words inside. If the third-party site you are using is essentially a calculator, whatever copyright they have for the software could not be used to prevent others from using the basic, factual elements of mathematics and computation. That being said, given your acknowledgement regarding violations of the TOU and my initial disclaimer regarding the "trickiness" of the subject, I recommend that you speak with an experienced business and IP attorney to ensure that you do not have to deal with the expense and headache of litigation down the road.
Best of Luck!
Jon Jekel
TechLaw LLP
In Feist v Rural Telephone (1991) the U.S. Supreme Court ruled that facts are not copyrightable, (although the "selection, arrangement and coordination of facts" in a compilation can be protected by copyright).
Exchange rate calculations cannot be copyrighted. Although a computer software for making such calculations can be copyrighted and enforced. So if you are just making exchange rate calculations using data on their website, you are not liable for copyright infringement. However, if you use or copy their software than you may be liable. I suggest that you contact an experienced Copyright/IP attorney who can advise you in confidence. Many Copyright/IP firms, like our own, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Copyright/IP attorney who can assist you.
