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Dumb Copywriting "Copyright" Question...

by Scott Murdaugh
6 replies
Okay, here's my question.

I've purchased a lot of products that include swipe files of old ads.

If you look at HardToFindAds.com or InfoMarketingblog.com, they both regularly publish and dissect swipes of other people's work.

There's a pretty good course on ethically swiping that uses nothing but Halbert ads as examples to swipe from. The author was a Halbert protege, so I assume that was on the up and up.

There's another product that I thought was fantastic, where the author went through and dissected winning ads on video. I've heard (though not certain) that this product was taken off the market for legal reasons.

Basically, I'm wanting to dissect ads from my swipe file both for free say on my blog, and in paid products.

Anyone have some info on whether or not this is okay? In most cases (on newer ads) I'd ask the copywriter first, but on a lot of stuff that's just not possible.

I know this isn't a legal advice forum, but I'm assuming some people in here have a better idea on this than most lawyers would anyway.

Thanks,

-Scott
#copyright #copywriting #dumb #question
  • Profile picture of the author Pusateri
    Under US copyright law, anything published before 1923 is in the public domain.

    Anything published after 1964 is still protected.

    Anything published between 1924 and 1963 is still protected IF the copyright was renewed in the twenty-eighth year after original publication.

    The only to find out (that I know of) is to check with the US Copyright Office. They charge $165 an hour with a two hour minimum to do this research.

    Chances are, most of the ads produced during this period were never renewed...but you can't know for sure unless you check.
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  • Profile picture of the author Mr. Subtle
    Originally Posted by Scott Murdaugh View Post

    Basically, I'm wanting to dissect ads from my swipe file both for free say on my blog, and in paid products.

    Anyone have some info on whether or not this is okay?
    Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship.
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  • Profile picture of the author Scott Murdaugh
    I knew I could count on you forum lawyers.

    Sincerely appreciated guys, I was thinking things like that fell under "Fair Use" but wasn't 100% sure.

    -Scott
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    Over $30 Million In Marketing Data And A Decade Of Consistently Generating Breakthrough Results - Ask How My Unique Approach To Copy Typically Outsells Traditional Ads By Up To 29x Or More...

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  • Profile picture of the author colmodwyer
    You should probably ask the dude at Info Marketing Blog.

    It probably depends on the copywriter and publisher... At least once, someone put Bencivenga's "BBQ Steak" ad up here but was asked to take it down (I think).

    If the copy has fatigued or been a control for years you'd think folk wouldn't mind, but legal teams can be full of arseholes.

    Colm
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    • Profile picture of the author videolover7
      Justanswer.com has lawyers there who will answer questions for under $30. Several of them specialize in internet topics.

      As well meaning as the posters in this thread have been, it would be foolish to put yourself in possible jeopardy based on their answers.

      VL
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