Creating a newsletter using thrid party sources and quoting them too :)
Dist. of Columbia
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Posted about 1 year ago in Copyright Infringement
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We are in the process of creating a newsletter for commercial purpose which essentially is an aggregation of information from multiple third party sources. Some of these sources (70%) are free whereas the rest (30%) have a subscription fee. We will be sourcing the data and are also quoting the source of the data used. Since, we would like to distribute this newsletter for commercial purpose, we would like advice on how to go about this given that the information sources have the following legal disclaimers:
1. AAA hereby grants to the User, the right to use the Service in accordance with these terms, and for no other purpose. Please note that all elements contained on this web site including all individual articles, columns and other elements making up the Service are also Copyrighted works and are owned by AAA and/or its Suppliers and are protected by Copyright, Service Marks and Trademark laws, International Treaty provisions and/or other proprietary rights under the laws of India and this Terms of Use. By using the Service you agree to abide by all applicable Copyright and other laws as well as any additional Copyright notices or restrictions contained in the Service. AAA or other third parties shall be entitled to obtain equitable relief for any violation of their IP, over and above all other remedies available to it to protect its interests therein. Violators will be liable to be prosecuted to the maximum extent possible. Copying for reproduction, for redistribution or other purpose of the web site or any part thereof including but not limited to text content and graphics to any other server or location including caching of any kind is expressly prohibited. The Service is licensed to the User not sold to him. AAA owns the Service, its applications and Trademarks. 2. Use of the site is permitted explicitly for your own benefit and may not be resold, republished, transferred or other disposition to any other person or entity. Additionally, you agree not to use, transfer, distribute or dispose of any content published by BBB including content on www.BBB.com or published in the BBB newsletter that competes in any manner with the publication. As pertaining to the above, registered subscribers may retrieve and display current and prior issues and store that content on disk (or any applicable electronic format) or print individual copies, without exploiting the use of such features beyond reason. However, you may not reproduce, modify or exploit any content from any Stone Street Media site, including www.BBB.com and BBB newsletter email service, for commercial purposes. 3. Copyright in XXXXXXX.net (including but not limited to text, photographs, graphics and software) is owned by or licensed to the publishers, CCC. All rights are hereby reserved by CCC. Users may access content in XXXXXXX.net solely for their own personal, non-commercial use. Users may not otherwise download or copy, store in any medium (including any other website), distribute, transmit, re-transmit, modify or show in public any part of XXXXXXX.net without the prior written consent of CCC. Answers (1)Daniel Nathan Ballard
This attorney is licensed in California.
Posted about 1 year ago.
Flag as objectionable
The short answer is that you cannot reproduce or distribute anyone else's written material without first receiving permission to do so -- unless the written material is in the public domain. A newsletter that aggregates others' material is granted no exception to that rule.
Copyright attaches to essentially ALL written material as soon as it is complete and it lasts, for the most part, for 70 years. It is irrelevant for purposes of copyright law whether access to the material is free or via subscription. Without passing on the particular rights provisions that you quote, the material that you are seeking to aggregate appears clearly protected under copyright law. It is very unwise to begin a commercial endeavor premised on reproducing others' work without first clearing the rights to the others' material. Your business model is to exploit the labor of others. I strongly suggest that you either change your business model or purchase via a license the rights to re-publish the works of others (assuming they are willing to sell you that permission). A competent business attorney with intellectual property experience can assist you. |