Forum Moderators: not2easy
Pls help
Trey
Copyright law DOES protect compilations. You could not copy the list and republish it.
But if you wanted to use some of the email addresses, how could he stop you? You can't copyright someone else's email address.
hmm... no I'm not so sure about that... copyright law does protect compilations of fact, but only the work as a whole, and only those parts that have both original authorship and creativity are protected.
Facts themselves are not eligible for protection, and a compilation of facts arranged in an unoriginal manner are not eligible either. They used to be (well lower courts used to rule that they were), but not anymore... see the 1991 Supreme Court case FEIST v. RURAL for the courts ruling on the matter, where they determined RURAL was within their legal right to copy FEIST's white pages.
I still want to hear from from the OP as to what he/she wants to do with the list. If it's to email some of the clients, fine. If it's to republish the list in its entirety on another web site, probably not fine....
That was sort of what FEIST tried to argue, but they lost. FEIST's white pages were not like a telephone directory we have today. It was a listing of their customer's names, addresses, and phone numbers... not a general listing.
The court ruled that work as a whole was protected because of originality and creativity in other sections (yellow pages, cover, title pages, etc).
However, they ruled the white pages themselves were not protected because they demonstrated neither originality (names & addresses -- even of your own customers -- do not merit their origin to you), nor creativity as the listing was in an unoriginal and obvious manner (name, address, number).
Remember there are 2 basic pre-requisites to be eligible for protection in addition to being fixed in a tangible medium, it must also be both original and have some degree of creativity.
A list of names and emails is neither original nor is it creative. Creative & original elements of that page you could not copy, but nobody can claim copyright on the raw factual data.
This scenario here is pretty much exactly what the 91 case was about, only on a smaller scale, and more modern (email address instead of postal address).
The site could try to argue for originality and creativity, but they'd have to challenge a Supreme Court precedent.
I'm not a lawyer by any means, but I'd recommend reading the courts ruling brief on the case. It gives a lot of insight into the court's reasons for the decision, and better understanding of where factual works and copyrights are today.
I plan on contacting the clients of my competitor and attempt to offer them advertising on my site. In my mind its sort of like a phone book using another phone book to gain clients. However, what I offer is not just a listing of the email addresses but also a mini website for my clients. They are able to upload their own content. So in fact, I may be publishing a particial list of the email addresses but with entirely different content. My content will be unique in everyway except for the redundancy of the factual information about Business name, address, phone number, and email address.
I wouldnt think twice about it except that he explictly states the following....
Copyright Notice: The information, Name of the site, and email lists on this Web site are copyrighted br> materials of #*$!#*$! and its information providers. Reproduction or storage of materials retrieved from this service is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. Use of this site, its site name, for anything other than the hiring of a xxxxxx FROM THIS SITE is not permitted.
Trade Mark Information - A copy of our Service Mark as established with the State of xxxxxx can be found here. Federal Trade Mark laws do not require Registration of any mark or name, but simply the establishment of a mark that is identified by the public. Registered Marks are for the
protection of the Public, not to protect commercial interests. As such xxxxx as xxxxxx established a service and name in xxxx. Our Service Mark has been recognized by
the State of xxxxx as having been established ORIGINALLY in xxxx. xxxxx is the property of xxxxx and any use or reproduction of any image, mark or the name is strictly prohibited by Federal Trade Mark Laws.. If you would like access to the xxxxxx on this site click here for information. Use of our site to solicit business for other than the hiring xxxxx is strictly prohibited and abusers
will be prosecuted.
Thanks Again Guys
I have a competitor that publishes the email addresses of all his clients.
I'm probably missing the point here but do the clients know that their contact details are being published for all to see? Have they granted permission?
<?> If the clients have granted permission for their 'address' to be published then does this info not effectively become public domain...</?>
Syzygy
On the other hand, if your competitor actually CREATED those unique email addresses FOR his clients...
Can I use them?
Thanks
Trey
As long as you got your copy of a work legally, and you do not copy and distribute it, they cannot dictate to you what you can do with your copy. This is covered by what is known as the "first sale doctrine".
They are trying to grant themselves rights that copyright law does not give them.
Feel free to use those addresses however you want (within the law and good taste) as long as you are not copying and distributing the entire compilation. But those individual email addresses are "facts" and they cannot be covered by copyright.
