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WebsiteBlog Disclaimers?

  • # June 25, 2009 at 12:40 am

    Anyone know much about using disclaimers for your blogwebsites that protect you from copyright infringement?

    i.e. you have a blog where you want to review a movie. You grab an image from wikipedia and state that its not your property, and use the publishing company’s name etc which is a trademark possibly…

    Is a simple "Any trademarks or copyrighted material used within this site is property of their respective owners and this website makes no claim to own or be related to the material or its owners in anyway." good enough?

    I seem to see about 3/4 of websites have some sort of disclaimerterms of use, and a good 1/4 not have one…

    I mean… How do you write "Adobe has this kewl new program out…" without having a disclaimer? If i’m not mistaken, you legally can’t, because Adobe is trademarked name.

    Adobe is a registered trademark and in no shape or form related to poster milehighdesigner. 8-) :lol:

    # June 25, 2009 at 2:31 am

    i would say if something is registered add the ® if its copyrighted add teh © and say who it is copy righted to.

    what you could do to still cover yourself, is have a disclaimer link on your footer, and explain generally that is any copyrighted material or registereg stuff is on your site it has nothing to do with you, and you are only giving your opinion/info on that product.

    I try to use different colours to highlight the fact they aint my copyright material, e.g. mine would be as normal text others would be linked with the copyright symbol

    # June 25, 2009 at 3:11 am

    Actually, I thought things like movie posters were perfectly fine. It’s simply advertisement for the movie.

    # June 25, 2009 at 10:31 am

    Sounds right Ikthius, but because we’re discussing legal matters and not just something as simple as validation, I’m slightly uneasy about it.

    Doc, what you’re saying is making sense as well, but what about other images, lets say a movie logo? I need to find a book with a title something to the effect of "How to cover you ass on the internet."

    # June 25, 2009 at 6:30 pm

    Copyright is agreed internationally through the Berne convention, but individual country’s copyright laws differ so it is worth seeking local advice.

    In the UK, for instance, there are a number of exceptions to copyright that permit "fair use" for various purposes including:
    * Non-commercial research and private study
    * Criticism, review and reporting current events
    * Teaching in educational establishments
    * Not for profit public playing of recorded music
    * Helping visually impaired people
    * Time shifting

    The matter of trade marks is somewhat different, as they are protected only if "your use creates a likelihood of confusion on the part of the public" which is sometimes called Passing Off. So Coca-Cola would need to be very careful when using the Pepsi trademark on their website, but a movie reviews website would have fewer issues.

    Source: http://www.ipo.gov.uk/types/copy/c-othe … eption.htm

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