Google Answers Logo
View Question
 
Q: legal ways to use research material for commercial use & discouraging lawsuits ( No Answer,   1 Comment )
Question  
Subject: legal ways to use research material for commercial use & discouraging lawsuits
Category: Business and Money
Asked by: baruchhashem-ga
List Price: $40.00
Posted: 29 Jul 2004 17:26 PDT
Expires: 05 Aug 2004 12:29 PDT
Question ID: 381040
This is a three part question!
1. I am a dba who will soon be an s company and want to offer in depth
medical research in written reports to some clients. Some
website information (such as a  doctor's health suggestions, medical
journal articles, etc.)  is copyrighted or states that the information
on the website can only be used for commercial use with the permission
of the doctor,website creator, medical journal cited, etc. I think
it's called "personal use" or something like that (your terms and
conditions have something like that too).Whether or not they are
copyrighted, most state that requirement on their website. Does that
mean I'd have to pay lots of money to each source (whether copyrighted
or not) every time I included their information in my reports (and
their website info in my work cited section)-and do that repeatedly
for each article or website topic they cover?   I had thought  that
giving them credit for their info (and including a disclaimer) was
sufficient but it seems that's not enough when I use website
information for commercial use. What is the best way to save time and
money while legally dealing with this issue-?
2. What is the best way, other than creating an S company with
distributions (and  therefore no money in the company) and creating
disclaimers, to avoid the  potential cost of lawsuits from clients
getting information from me (and lawsuits from the above mentioned
website creators looking for a chink to nail me on?)  What do I need
to be careful about or do to protect myself for someone who might be
litigeous happy?
3. Can you recommend a reputable reasonable company (under $2,000) who
can help me with such PR as networking,(including speaking to groupsof
potential customers not just networking groups!)and/or best places to
advertise? I live in southern California (near Long Beach). Please
tell me why you recommend whomever you recommend!

Thanks.
Answer  
There is no answer at this time.

Comments  
Subject: Re: legal ways to use research material for commercial use & discouraging lawsuits
From: ipfan-ga on 30 Jul 2004 07:14 PDT
 
1. Basic axiom of copyright law: "Attribution is not permission."  If
you use material on your web site, the copyright to which belongs to
someone else, you will need to either (a) obtain a license
(permission) from the copyright owner; (b) determine that the source
material is actually not "copyrighted" and is in the public domain; or
(c) determine that your use qualifies as a "fair use" under copyright
law.  Any use outside these three will expose you to liability for
copyright infringement.

Fair use contemplates that you ARE infringing copyright--the doctrine
simply gives you a defense if you get sued.  Basically, you are
infringing someone's copyright in any content of which you are not the
actual author that you reproduce in your site.  

Under US copyright law, the Fair Use Doctrine, found at 17 U.S.C.
Section 107, holds that no permission is needed for purposes such as
criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, SUBJECT TO THE
BELOW FACTORS:

Factors: 	
(1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.

So, to answer your question, you have to first ask if your use falls
into one of the enumerated categories [criticism, comment, news
reporting, teaching (including multiple copies for classroom use),
scholarship, or research] AND THEN you have to apply the four factors
and see if more of the factors weigh in your favor.  Thus, it is
impossible to opine here as to whether each suggested use about which
you ask falls within fair use--it is a fact-sensitive determination
you must undertake with each new use. 

2. Other than creating an S-corp or some other limited liability
entity, the best (and frankly only) way to insulate yourself from
liability is to make sure you have at least a five million dollar
general liability insurance policy in place that covers your behaviors
in your business.

3.  I'll leave this one to someone else.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. 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. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy