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Q: recommending goods on a web site Legal positiion ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: recommending goods on a web site Legal positiion
Category: Reference, Education and News > General Reference
Asked by: deseven-ga
List Price: $15.00
Posted: 11 Apr 2003 00:13 PDT
Expires: 11 May 2003 00:13 PDT
Question ID: 189166
AS I have received many excellent answers to many questions I thought
the easiest and quickest way to find tthe answer to this was to try
you. I live in the UK.  I am setting up a wbsite.. partly products I
am selling but i also want to recommend books and products (Health
related) for which I will make no financial gain. It is just through
my own trial and error I have found the books or products helpful and
would like to say a bit about them . Is there a legal postion on this.
I will not be quoting from books. DO I need to aske permission from
each company or author involved?
Answer  
Subject: Re: recommending goods on a web site Legal positiion
Answered By: juggler-ga on 11 Apr 2003 02:04 PDT
Rated:5 out of 5 stars
 
Hello.

There's no problem at all with you using your site to review and
recommend books and other products. This is basic freedom of
expression.


From the Freelanceonline.com messageboard:

"Re: Do I need author's permission to review book?
...
The short answer is 'NO'. Authors welcome reviews. Moreover, they open
themselves up to them, bad and good, when they publish. You do not
need anyone's permission to write a review."
source: freelanceonline.com
http://www.freelanceonline.com/wwwboard/messages/1372.html

The same applies to virtually any other product. Someone asked the
same question regarding a site that reviews video games:

"Also my friend and I have a little disagreement. Do you guys have to
get permission to review a game before you review it? I say you don't,
but he believes you do.
...
To answer your other question, no we don't have to wait for permission
to review a game. As long as it's out, we can pretty much write
anything about it. "
source: ign.com, cached by Google
http://216.239.53.100/search?q=cache:ezpblTRGt1IC:pc.ign.com/mail/1998-11-30.html+%22get+permission+to+review%22+&hl=en&ie=UTF-8&client=googlet

You mention that you don't plan on quoting from the books that you
review. If you did wish to include quotes in your reviews, your
quotations would have to be within the limits of "fair use" or, as
it's called in the UK, "fair dealing. For more information, see "A
Guide For Authors: Copyright and Permissions," from
Thomsonlearning.co.uk, cached by Google:
http://216.239.53.100/search?q=cache:EIn_LfIOjNEC:www.thomsonlearning.co.uk/guidelines/10copyright.pdf+%22fair+dealing%22+uk+copyright+%22Fair+use%22&hl=en&ie=UTF-8&client=googlet


For a basic understanding of your rights of free expression in the UK,
visit Virtual Law Firm's "Freedom of Expression in the United Kingdom"
http://vlf.juridicum.su.se/e-library/nationalreports/uk/fos/00/


From your question, it sounds like you're planning on just doing text
reviews of the books and products. One thing to keep in mind, though,
is that if you're planning to incorporate trademarked logos, or
copyrighted images or photos of those products into your site, you
should get permission from the companies involved.

More information on the use of trademarked logos on web pages:

"Trademarks
Many companies throughout the world have symbols and logos which they
have protected by registering them as trademarks. For example,
Windows, MS and MS-DOS are registered trademarks of the Microsoft
Corporation. Companies register such symbols & logos in order to
prevent other companies from using them to 'pass off' their product or
service as a product or service of the original company. As a result,
many firms are unwilling to let individuals use trademarked logos on
WWW pages etc. unless their explicit permission is given, and the logo
is stated to be a trademark of the holder."
source: Legal Issues on the WWW
http://www.agocg.ac.uk/reports/mmedia/legal/theft.htm

One other thing to keep in mind is that you ought to consider
including a disclaimer on your site similar to Google's below. Notice
how "Google does not endorse, and expressly disclaims liability for
any product, manufacturer, distributor, service or service provider
mentioned or any opinion expressed in answers or comments."

You might consider something similar in order to make it clear that
you are not responsible for the products that you're reviewing or
recommending.

Here's a UK example of the sort of disclaimer that I'm talking about:

"Products reviewed
The Familyrecords.gov.uk consortium accepts no liability for any
purchase of software or books as a result of reading about them on
this website. The information is provided 'as is', without any
representation or endorsement made and without warranty of any kind
whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy."
source: Familyrecords.gov.uk
http://www.familyrecords.gov.uk/legal/terms-of-use.htm

search strategy: 
"permission to review"
review, "fair use"
"freedom of expression", "united kingdon"

Finally, I should mention my own disclaimer.  This answer contains
general information, and should not be considered a substitute for
professional legal advice. No warranties are expressed or implied.

I hope this helps. Thank you, and good luck with your web site!
deseven-ga rated this answer:5 out of 5 stars and gave an additional tip of: $10.00
Excellent. Just what I wanted and thank-you for the addtional
suggestion of the disclaimer which is something I wondered about

Comments  
Subject: Re: recommending goods on a web site Legal positiion
From: juggler-ga on 11 Apr 2003 10:59 PDT
 
Thank you very much for the tip.
-juggler

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