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| Subject:
Law question about business directory listing
Category: Miscellaneous Asked by: dodododo-ga List Price: $2.00 |
Posted:
12 Aug 2004 14:01 PDT
Expires: 11 Sep 2004 14:01 PDT Question ID: 387092 |
We are creating a business directory. Is it possible to populate the information which is available on the websites of companies directly into our database without taking the consent of respective company..Also what about the information such as AAA diamond rating of hotels or D&B number, stock symbols ..What does the copyright law has to say about these issues.. |
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| There is no answer at this time. |
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| Subject:
Re: Law question about business directory listing
From: ipfan-ga on 12 Aug 2004 15:16 PDT |
Copyright only protects items which are sufficiently creative and original to merit copyright protection. Mere assemblages of unadorned facts typically do not qualify for copyright protection. For example, if I place on my web page a list of all 50 United States capitals, typed in 12 point Courier font, I would have a very difficult time alleging copyright infringement if someone copied that list off my site and placed it on their site. It is just a list of facts. But this is a continuum. The more creativity I place into the selection and arrangement of the facts, the more likely it is that I have added enough creativity and originality to make it protectible. For example, if I take my list and alphabetize it and add colors and cool fonts and graphical logos, I may have added enough creativity to render that work protectible. But even if I have, remember that the underlying base facts?the names of the state capitals?remain unprotected facts. Another example: the King James Bible is in the public domain. But if I pull out selected verses and arrange them in chronological order and add commentaries, that work is protectible. The underlying verses, however, are not. So, to answer your question with a question, is the data you wish to use raw unadorned plain old facts, or is it data that someone took some time and care to select and arrange? You are in a gray area with stock symbols and diamond ratings. Stock symbols likely cannot be copyrighted. Diamond ratings very likely can be and are. |
| Subject:
Re: Law question about business directory listing
From: dodododo-ga on 12 Aug 2004 17:08 PDT |
Thanks for your comment but let me clarify what I am looking for.. I want to list companies say carpet services in the area in my directory (with their website, size of the company, and contact information) Do I need their permission to list them or not..Essentially, I want to create a directory similar to yahoo directory but not by crawling the web but by manually entering information. I am curious for listing what permissions I need and for what kind of data.. |
| Subject:
Re: Law question about business directory listing
From: owain-ga on 13 Aug 2004 12:38 PDT |
From where will you be getting your information? If you are going to walk round your neighbourhood writing down all the businesses whose shopfronts you can see, ok. But if you are compiling your directory by copying the information in an existing directory (whether automated, copy-and-paste, or retyping from a printed directory) you are infringing the original directory compiler's copyright. And directory publishers salt their directories with imaginary entries, minor mis-spellings, etc, to assist them in detecting theft of their data. To quote from one directory publisher's terms and conditions: Except where otherwise noted, Yell owns legally and beneficially all the intellectual property rights in the content of all the Yell.com web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. ... Yell takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed. ... For the avoidance of doubt and without limitation, you are expressly prohibited from: ... merging the Data with any other data; selling or trading in materials copied from the Data; using or redistributing the Data for the purposes of compiling databases, lists or directories ... http://www.yell.com/legal/home.html But you do not need permission from business simply to include them in a directory. You may want to get their permission to reduce the risk that one of them may consider that by including them in your directory you are implying some sort of connection with or endorsement of your directory by them. Owain |
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