If I want to create a review site that pulls different reviews from different companies, do I need permission first from the respective site
I want to create a website that links different reviews from other sites to my site. The user would click a thumbnail and they would be directed to the site where the review is posted. I was then going to have affiliate links on MY site below the thumbnail to buy the watch that is being reviewed. I get commission on per sale with my affiliate. Are there any intellectual property rights that I am crossing?
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Using snippets, with attribution, and links that direct to the source of the snippet, should generally be considered fair use, so that you are unlikely to be found to have infringed copyrights or trademarks under federal law. However, in the event of complaints by a snippet source, it may be best practice to have a procedure in place to remove the snippet from your site. There may also be California-specific laws that apply.
Regards,
YWC
Yee Wah Chin
The Law Office of Yee Wah Chin
Admitted in New York & Washington, D.C.
Tel. 202-213-3143
Email ywchin@ywc-antitrust.com; ywchin@alum.mit.edu
www.ywc-antitrust.com
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Hi. It really depends on the information and use. Each site may dictate the use of content through its own terms of service. I, like the other lawyer that replied, do not believe that your biggest issue is infringement per se, but perhaps misusing a companies content. I think it would be smart to have your operation analyzed before jumping in. I would be happy to discuss over a free phone consult; contact me anytime.
Kind regards,
Frank
www.LanternLegal.com
frank@lanternlegal.com
866-871-8655
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I agree with Mr. Chin's advice re: copyright fair use. I'd add one more consideration. It's fine to link to another's website--people do it all the time--but be careful about suggesting sponsorship or affiliation between your website and the target website where there is none. A common mistake, e.g., is to "frame" the other website's content within your website.
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See http://www.publishlawyer.com/web.htm.
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I have to say I agree with Frank. While it may be fair use, most sites specifically prohibit spiders, crawling, etc. So if you MANUALLY pull it, it's probably fine, but using bots to do it will likely be a violation of that site's TOS.
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Yes, you should get permission. The other reviews are likely copyrighted and if you copy and distribute them, you would likely be liable for infringement.
Michael
www.shimokaji.com