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Are business listings copyrighted?

         

zomega42

8:57 pm on Feb 12, 2004 (gmt 0)

10+ Year Member



I want to put some business listings on my site. Eg, I want to list the names and phone numbers of all companies selling purple widgets in each county in Alabama.

Can I pull this info from business directories? There are numerous "yellow pages" type directories, and they all have the same business listings, but do I need to get permission somehow? Or can I just use the list from the yellow pages?

The only data I would be using is business name and phone number. It seems to me this really belongs to the business itself and cannot really be copyrighted by the yellow pages directories.

wkitty42

9:18 pm on Feb 12, 2004 (gmt 0)

10+ Year Member



i think that this would fall under the same as phonebook listings... the listing content is not copyrighted but the layout, coloration, format, and such are... you can take a phonebook and gather all the listings out of it and create your own layout and format and not violate the copyright of the one holding the copyright on the phonebook you gleaned your info from...

does that make sense? i think i stated it correctly... as always, YMMV, IANAL, and IMHO ;)

mgream

1:21 am on Feb 13, 2004 (gmt 0)

10+ Year Member




You may be safe, see [lgu.com...] . Would be worth verifying the details with the source before using them to eliminate any errors introduced into the yellow pages.

wkitty42

1:59 am on Feb 13, 2004 (gmt 0)

10+ Year Member



that is basically what i was thinking about with my comments...

zomega42

7:11 am on Feb 13, 2004 (gmt 0)

10+ Year Member



Yes, that answers the question, thank you (and it was of course the answer I was hoping for!)

paybacksa

5:03 am on Mar 2, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I hate to throw a wrench into the works, but this is a very hotly debated issue right now.

They are trying to make it illegal to copy someone's database. They even want to secure ownership of your own perosnal data (name, address, phone, etc). here's a recent link:

[writ.news.findlaw.com...]

There are very large corporate powers trying hard to secure their listings as copyrighted. It's a horrible mess of an idea, which ensures only bad laws will come out of it, but basically they want to say that if they did alot of work to make it and maintain it, and you didn't, then you can't steal it (even if they post it in plain text on the web). Protectionism at it's finest, combined with tech ignorance.

So better scrape those CofC directories now while you have the chance ;-)

If there was ever a time to write your representatives this might be it.

volatilegx

12:13 am on Mar 4, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I am very upset about the Database and Collections of Information Misappropriation Act (DCIMA). I've done all the normal things... letters to my Senators and Representative, a letter to the Editor of my local newspaper...

I don't think this issue is getting the attention it deserves here and elsewhere. Everyone would be wise to follow the link in the above post and read up on the DCIMA and what it means to us.

mgream

12:39 am on Mar 4, 2004 (gmt 0)

10+ Year Member



The EU already has sui generis database protection since 1998. It's still too early to determine the impact, but there don't seem to have been any significant problems.

As it protects the investment that goes into creating a database, and protects unauthorised extraction, it would seem that this protection is to the benefit of webmasters as it gives a webmaster further control over content and how to license that content.

Just to be pedantic: the right doesn't protect _facts_ it protects _facts-compiled-into-a database_: that's very important because it doesn't prevent anyone else from "doing the work" to assemble the same _facts_ into another _facts-compiled-into-a-database_.

To take a simple example: take a list of a million interesting numbers compiled into a set of books that are known facts. To put those numbers into a database requires time and effort to scan in the numbers, store them in SQL tables, yadda yadda yadda. This right would prevent someone else from taking the content from your SQL tables, but wouldn't prevent them from going and scanning in the content from the books themselves. Seems fair to me that you should get protection for your hard work in this way.

Having said that, I don't fully understand all the arguments so don't have a position yet - just making observations.

paybacksa

3:31 am on Mar 4, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



To enforce the current bill, one must show an actual loss due to the misappropriation. Therein lies the rub - good lawyers disagree, and are paid very well to argue their perspectives.

Consider any online business listing (of any kind - including RSS streams).

Almost any website can claim a host of lost revenue streams (e.g. ad impressions income) whenever data is extracted from their public webpage (since every subsequent viewing of that data, no longer on their site, is sans ad revenue or traffic generation, etc...). Since this bill opens almost everything to debate, it is a nightmare for webmasters/business owners.

mgream

8:57 am on Mar 4, 2004 (gmt 0)

10+ Year Member



This is not the place to thrash out all the issues, but I note that your concerns over "show an actual loss due to the misappropration" and other issues could be levied against copyright itself, yet we don't seem to see the same problems with copyright.

Your example about "extracting from public webpage": two points are (a) the legislation sets a high bar in using the word "substantial", (b) the webmaster (who incurs the cost of assembling and running the database) seems to be the one that can benefit from this by enforcing rights against third parties who do extract substantial portions.

I'm yet to be convinced that there are any problems: 6 years of similar rights in the EU have not shown there to be any problems either.

paybacksa

6:52 pm on Mar 4, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Interesting observation about the UK. If 6 years and no problems, can you say what *good* has come out of it? I'd hate to make laws that don't do anything.