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Copyright- What does it mean?

by tush
11 replies
Hi warriors,

Just been wondering. What does copyright really mean? I am asking this in relation to network marketing (mlm) where companies say that their names are copyright and that no promottions should mention their names etc... Does that mean that one can never mention their names any where? How about on forums, can some one discuss them? How about if one wrote a review on their blog/ website or even an article to publish in different directories, is that still illegal?
Thanks
#copyright
  • Profile picture of the author Kay King
    You are confusing trademark registration with copyright. Fairly good explanation of both at the link below

    What Are Patents Trademarks, Servicesmarks, and Copyrights

    Copyright refers to content - trademark refers to brand name.
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    • Profile picture of the author tush
      Thanks Kay for the clarification. Now I understand these terms better. So my question is; if a company says that its name should not be "mentioned in any promotions" are all these activities illegal?
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      • Profile picture of the author bwaldeck
        Sounds like this situation is more contractual in nature.

        i.e. You sign-up to their program/system/business and upon doing so you agree to the terms of the contract - therefore binding you to the agreement of not using their name. It depends on the contract really - what it says and in fact if it is a contract.

        Overall it sounds strange - are they pre-emting negative publicity?

        This is not legal advice - you should really seek a professional in these circumstances that is in your local area. Laws vary substantially in different locations and your local lawyer will be the one to advise you. There are too many questions that need to be asked.
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      • Profile picture of the author Gene Pimentel
        Originally Posted by tush View Post

        So my question is; if a company says that its name should not be "mentioned in any promotions" are all these activities illegal?
        A company does not want it's affiliates to use the company's name in their marketing efforts for several valid reasons.

        1) When people search Google or any search engine for their business name, they should not have to compensate an affiliate for any sale made in this way.

        2) Trademarks must be protected. If a company does not prevent others from using their trademark, they will have a very difficult time defending the trademark in a court of law.

        3) They lose control over how their name is used, and how it is promoted. Allowing anybody to use the company name in their marketing can lead to a lot of consumer confusion.
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        • Profile picture of the author shoeb000
          Originally Posted by Gene Pimentel View Post

          A company does not want it's affiliates to use the company's name in their marketing efforts for several valid reasons.

          1) When people search Google or any search engine for their business name, they should not have to compensate an affiliate for any sale made in this way.

          2) Trademarks must be protected. If a company does not prevent others from using their trademark, they will have a very difficult time defending the trademark in a court of law.

          3) They lose control over how their name is used, and how it is promoted. Allowing anybody to use the company name in their marketing can lead to a lot of consumer confusion.
          Very well explained indeed.
          As far as i know, its because affiliates try to convince people with unbelievable promises or many affiliates try all those tricks and strategies which aren't backed by company itself.
          So if some affiliate cheat with new costumers, then the customer will file complaint against company, with the FAKE or Untrue Promises... though the responsible person is an affiliate who didn't followed the rules and regulations or TOS specified by the company.
          To avoid such situations, company does not allow using their name.
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          • Profile picture of the author tush
            Originally Posted by shoeb000 View Post

            Very well explained indeed.
            As far as i know, its because affiliates try to convince people with unbelievable promises or many affiliates try all those tricks and strategies which aren't backed by company itself.
            So if some affiliate cheat with new costumers, then the customer will file complaint against company, with the FAKE or Untrue Promises... though the responsible person is an affiliate who didn't followed the rules and regulations or TOS specified by the company.
            To avoid such situations, company does not allow using their name.
            I understand the reason why they do that.... but here is my concern. There are so many people with "negative publicity" about companies out there.... Most of them which are not true. So, wouldn't the best option be to let people write genuine reviews about what they think, without any claims? The company would warn the distributors to remove their claims ( Maybe it would be hard for the company to monitor this)

            Sometimes I get shocked at what I see when I google certain company names. Those who have no clue at all have givesn their "honest reviews".
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  • Profile picture of the author Tsnyder
    The #1 reason MLM companies don't allow you to use their
    name in advertising is because they don't want you making
    unsubstantiated claims that would jeopardize their business,
    and the business interests of all their reps, with regulatory
    agencies.

    If an MLM company would let you use their name I wouldn't
    have anything to do with them. They're not smart enough
    to last long.

    Tsnyder
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    • Profile picture of the author Alexa Smith
      Banned
      [DELETED]
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      • Profile picture of the author Kay King
        Often what is not allowed is to use the company name in your ppc ads, for example.

        First, the company may be running ppc with their trademark and secondly, as mentioned above, they don't want ads appearing that use their name in a way not good for business (or for legality).

        There are quite a few mlm's and affiliate programs that limit how you can use their brand name. One simple reason is not wanting ads like this:

        make $1000/day with XXX
        Guaranteed Income with XXX
        XXX Scam Exposed
        XXX review/review/review/and another review
        Be rich next week with XXX

        Many affiliate program terms have lists of keyword you agree not to use in ads, too.

        kay
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        Dear April: I don't want any trouble from you.
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  • Profile picture of the author duia
    Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of works that are substantive and fixed in a medium. Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work. (Via WikiPedia) You can gain more information here Copyright - Wikipedia, the free encyclopedia
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