![]() |
|
![]() | ||
|
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. |
![]() | ||
|
There is no answer at this time. |
![]() | ||
|
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. |
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 Home - Answers FAQ - Terms of Service - Privacy Policy |