Forum Moderators: not2easy
REVIEWS
Based on what I've read here, it would seem obvious that copyrighting prevents me from just copying-and-pasting others' content, especially high-profile reviewers in high-profile publications. However, I intend to specifically credit the publication and/or individual for the review, perhaps even with the original link. Is it legal to provide this prominent content as long as you source (and perhaps link)?
PICTURES
What do I need to know about using the official company product photo? Do I need the permission of the manufacturer, distributor, etc.?
Since this sort of aggregation will be a major function of my site, is there any advice to streamline any such legal issues (e.g., get running agreement with Publication X) and preempt thousands of permission requests from hundreds of providers? Any other advice related directly or indirectly to either of these issues is very much welcome, as I want to ensure that everything is well within the law.
I am aggregating reviews of widgets for a searchable online database. If I credit the original author and original publication (and perhaps even link), am I infringing on any kind of copyrights? Any other legal problems? Please advise if you know as I don't want to launch only to discover the site premise is legally unsound.
(FWIW, the site is FOR-PROFIT, indirectly generating revenue through ad sales and affiliate programs. Also, reviews could be from sources as informal as a blog or an online magazine, to a major national paper/mag.)
...it would seem obvious that copyrighting prevents me from just copying-and-pasting others' content, especially high-profile reviewers in high-profile publications. However, I intend to specifically credit the publication and/or individual for the review, perhaps even with the original link. Is it legal to provide this prominent content as long as you source (and perhaps link)?
If you are looking to republish the entire review, or a big part of it, and have not sought the permission of the content owners, then you will probably find yourself facing copyright problems. Citing the source, or giving a link will not help.
What do I need to know about using the official company product photo? Do I need the permission of the manufacturer, distributor, etc.?
If the photographs have been released by the manufacturer to aid in the sale of the product - and they carry no obvious copyright statements - then it is reasonably safe to assume that they are for general distribution and use. That is to say, there should be no problem in using them.
However, if product shots have been created by retailers for their own promotional use, then unless you have the expressed permission of the image owners, you will run into trouble.
Without knowing the specifics of what you're looking to do or where all the images are coming from and what their copyright status is, it is impossible to provide blanket answers.
<speculates>The whole area of image use on the web is shrouded in legal haze. Search engines, for example, are generally able to use images freely. How else would they be able to return results? Legal ruling around this is based on the fact that the search engines are creating temporary files, and only using thumbnails. 'Fair Use' is the rallying cry here as is the fact that their use of 'your' images is a means by which 'you' get more visitors. The end benefits for the owner outweigh the considerations of infringement (at present).
As an aggregator, ie, a third party provider of other people's content - and depending on how your system works - you may find that this aspect of 'Fair Use' works in your favour!</speculates>
Syzygy
[edited by: Syzygy at 12:42 pm (utc) on May 6, 2009]
