I'd like to start a help wanted website, but want to hit the ground
running. I am considering posting on my site, to help seed the data,
help wanted ads from newspapers.

In other words, I would enter data from the New York Times, Daily
News, Newsday, etc… so that when people come to my site on day one,
there is data for them to search. The ads would be verbatim, including
contact information.

Am I allowed to do this? Of course, I won’t if I can’t, but is there a
reason I couldn’t?

I’m not taking anything away from the newspapers, except perhaps
future business.

I’m assuming that the answer to this question would also apply to
other types of ads, such as automobiles and boats. Is this correct?

Does the answer change if I’m talking about Websites? Can I take this
information off of another website if they have it? Would the ‘terms
of use’ on that website have to allow it (or not mention it)?

Thanks.

Hello Jroff ~

What you are proposing seems like a good idea - except for the problem
of copyright infringement.

Without specific permission from any newspaper, whether online or not,
there is copyright protection afforded the publishers, and most of
them don't take kindly to those who infringe on their copyrighted
material.

You are right in your assumption that it would include "other types of
ads, such as automobiles and boats." Anything published or created by
someone else falls under the category of "intellectual property
rights".

You can read more about copyright and intellectual property rights
laws from the following sources:

The United States Copyright Office Website:
 - http://www.copyright.gov/

"What is Copyright?"
 - http://www.copyright.gov/circs/circ1.html#wci

"What Works Are Protected?"
 - http://www.copyright.gov/circs/circ1.html#wwp

"What Is Not Protected By Copyright?"
 - http://www.copyright.gov/circs/circ1.html#wnp


Here is the New York Times copyright information, specifically
prohibiting the reproduction of anything without specific permission:
 - http://nytimes.com/ref/membercenter/help/copyright.html

A check on any publication will have similar copyright publications;
but even if there were none, you still need to obtain permission
before you can put anything on your site.

It would be better to contact employers and offer them free ads to
seed your site as you start out.

Good luck,
Serenata

Goood job. I was 95% sure that it wasn't legal... but I wanted to
check. I think a combination of contacting the newspapers (hoping that
1% of 1000 will say okay) and offering free ads, would help me get
started... if I'm still interested.

Google Answers Rock... ;)

Dear Jroff,

Apart from copyright, there is also the question of privacy and access
to personal data.  Could it be argued that some small ads have
sufficient information to identify someone and therefore consitute
personal data?  Your web site may be viewed from administrations where
a lower or higher level of protection is provided for personal data
than where the original newspaper is published.  Publishing material
in this way is illegal in some administrations (but perhaps not in the
USA?) without the data subject's explicit permission.  This is
probably more of a worry if you are considering copying material
previously published only in print rather than existing web material.

I trust this helps.

Carnegie

since they are already "ads" in a public newspaper or website even if
they have information which can identify a specific individual i,e
already in the public domain the question of Privacy arising is
doubtfull.

I think serenta and possibly carnagie are correct. There is a very
slight posibility that what you propose will make big trouble for an
innocent party and possibly you. You could use fake ads with your
phone number and someone else who will try to be helpful when the rare
applicant calls. It is a bit dishonest, but probably not illegal. In
effect you would be giving samples of the type of ad you think might
be most helpful to people who will later pay for real ads.  Neil

Dear Jroff (and others),

I don't wish to prolong this, but my previous comment was rather
foggy, so perhaps I should explain it better.

Here is the UK (and elsewhere in Europe) we have what we call data
protection legislation.  There are legal restrictions on what you can
do with personal data about living individuals.  Clearly that
legislation would be rendered ineffective if you were allowed to
transfer such personal data outside the protection of the legislation.
 So one of the things that you cannot do without the data subject's
explicit permission is to transfer such data outside the UK unless it
is to a country with substantially similar legal protections to those
in the UK.  (The European Economic Area is so protected.)

The effect of this is that you cannot put any personal data on a web
site (and thus make it available in insufficiently protected
administrations) without the data subject's permission.  So I'm sure
that doing what you suggest in Europe would be illegal for this
reason.  And I don't think that the fact that the information had in
all likelihood already been so exported would be a defence.

I don't know about US law, but it seems these protections are not
afforded there, so if (as I guess) you are in the US, all this might
well not apply.

I trust this is clearer.

Carnegie