Warning: Lawyer, FTC notification, and Clickbank

14 years ago

Originally Posted by Tony X

My question is. Do I email the lawyer back, letting him know I deleted it and explain my position to try and cool things down with them. Or do I say F' it and just let it be.

What you do is ask your attorney!

If you are going to be engaged in IM as a business and not as a hobby, you need an attorney, period and end of story.

I use PrePaid legal, plus I keep two attorneys on retainage.

Never present legal questions to individuals who DO NOT legally practice law in your state.

Giles, the Crew Chief

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Scott Million

14 years ago

Hey Tony,

Just take the images down and use new ones. Avoid the email back or explanation... In my experience (yours may be different) lawyers think they're the **** and won't give a crap about your explanation (even read it.)

Waste of time IMO (unless that banner/image was vital to your success... which it's not.)

Oh yeah, consult your lawyer (I'm not one.)

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dremora 14 years ago

I would go after the makers of the product who infringe on copyrights and use stolen images. They have no right to get their affiliates in trouble like that.
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Tony X

14 years ago

Waste of time IMO (unless that banner/image was vital to your success... which it's not.)

That's what I was thinking. I was also thinking that anything I send them, they'll try to use against me if need be.

I took it down. No big deal. Thanks for you guys answers

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Scott Million

14 years ago

Originally Posted by Tony X

That's what I was thinking. I was also thinking that anything I send them, they'll try to use against me if need be.

I took it down. No big deal. Thanks for you guys answers

Good for you Tony... to be transparent, 'fighting things' such as customers with bogus refund request (even when you state there are no refunds blatantly) or butting heads against something like this is rarely worth it... use that rage instead to pump out another website, write an email promoting something, or pimp out a report you can sell.

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Tony X

14 years ago

I emailed them to ask them about it. I'm wondering if the pictures were actually copyright infringed. It's kinda hard to tell if they were someone elses photos or not. And the Dr. who performed the procedure is in the same niche as I'm in.

It's a bit odd. But I deleted anything that I didn't own so hopefully I'm all good.

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Tony X

14 years ago

btw I think his referring to the FTC is pure hot air designed to scare you. This would not be anywhere near the top of the FTCs huge caseload, especially in times of government cuts.

that's my thinking too. But I'll rather be safe than sorry. I'm not trying to f*ck with the US govt over a couple hundred dollar site that I just built.

It just pisses me off. But oh well. I have a plan and will cover my ass next time.

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LB

14 years ago

Originally Posted by Tony X

Ok, so today, I go out to the mailbox to get the mail. I notice I got a letter from a lawyer. I opened it and the letters F T C caught my eye. Scarred the **** outta me.

Anyway, the lawyer was stating that some images on my site was from a procedure done by his client and not based on a remedy I was promoting. In other words, copyright infringement.

The problem for me is, that's not my picture. It's a banner from a product I promote on clickbank.

The dude said he forwarded the info to the FTC and that they demanded I remove any images from my site.

No biggie there. Just removed the banner. Everything else is my stuff on the site.

My question is. Do I email the lawyer back, letting him know I deleted it and explain my position to try and cool things down with them.

Or do I say F' it and just let it be.

Copyright infringement...plus false advertising, making false claims, etc. etc. since the banner was claiming the product was doing something it wasn't. I imagine the FDA could come into play if this was a medical issue.

Copyright infringement is probably only a small part of the problem.

You should really talk to a lawyer.

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FredJones

14 years ago

These are your to-dos.

Talk to your lawyer - MUST.

Make sure whether the image is copyright infringed. If it is a Clickbank banner, I would suppose, not.

If it is copyright infringed, remove it immediately. If it is a Clickbank product and the banner has been taken from the site providing the affiliate program with a mention that affiliates are welcome to use it, then it is clearly not a copyright infringement, no matter what.

If not, and if the other guy is also an affiliate, write back to him strictly and ask him to clearly understand what is copyright infringed and what is not. I don't know whether this letter qualifies for some further action.

If not, but if the other guy is the owner of the Clickbank product (I doubt), then explain that you are promoting the product and go for a mutual understanding. I don't suppose this is the case though.

No matter what, talk to your lawyer.

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LB

14 years ago

Originally Posted by FredJones

If it is a Clickbank product and the banner has been taken from the site providing the affiliate program with a mention that affiliates are welcome to use it, then it is clearly not a copyright infringement, no matter what.

No.

It's conceivable that the Clickbank vendor infringed the copyrighted work and then the OP became party to that infringement by using said banner.

It's lawyer time either way.

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4morereferrals 14 years ago

One of the reasons the health and wellness niches concern me.

1 week your a rockstar - the next ... a picture in the post office taken by the ftc.
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- Alex Makarski 14 years ago
  
  Originally Posted by 4morereferrals
  
  One of the reasons the health and wellness niches concern me.
  
  1 week your a rockstar - the next ... a picture in the post office taken by the ftc.
  
  I don't think the issue here has anything to do with the niche choice. It's a copyright issues, not FDA / FTC related.
  
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  "I hear and I forget. I see and I remember. I do and I understand." -Confucius
  
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Brad Gosse

14 years ago

I never respond to any legal communication that isn't registered (ie: fedex w signature)

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bluenetworx

14 years ago

Take the images down and email him back and let him know you have done so, and I would also contact the Clickbank merchant, plus if this merchant is doing this dodgy stuff I would consider not promoting him/her anymore.

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Alexa Smith

Banned 14 years ago

The thread is already full of purported legal advice, and it's very clear that not one person offering it is qualified to offer it.

Originally Posted by Tony X

The dude said he forwarded the info to the FTC and that they demanded I remove any images from my site.

I'm advising nobody, but for myself, I would want to hear that from the FTC, and not from someone else's lawyer!

:rolleyes: :p

I have myself read enough of the FTC's website to know that their overriding policy, in such cases, is to avoid instituting investigations and proceedings against independent bloggers/affiliates. They say this very openly. My own working assumption here, until demonstrated otherwise, is that someone's simply attempting to intimidate me.

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Caleb Spilchen

14 years ago

I have to agree with Alexa...

If someone mailed me that, I would send it straight to Dad's lawyer

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Tony X

14 years ago

The lawyer sent me a copy of his comment submitted to the ftc. I just deleted the banner and everything off the site that I don't own.

I also contacted the vendor. As of now, I won't be promoting it until the vendor responds and shows me that he owns the before and after photos in the banner.

My main focus is to NOT be on the radar of the ftc. When it comes to their policy, everyone and anyone can fall victim to not being compliant, regardless of how "honest and clean" you are.

I'm not one of those "big guys" that's pulling in millions of dollars. So, I'm trying to avoid getting hit like Frank Kern and Perry Belcher.

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seasoned

14 years ago

Originally Posted by Tony X

The lawyer sent me a copy of his comment submitted to the ftc. I just deleted the banner and everything off the site that I don't own.

I also contacted the vendor. As of now, I won't be promoting it until the vendor responds and shows me that he owns the before and after photos in the banner.

My main focus is to NOT be on the radar of the ftc. When it comes to their policy, everyone and anyone can fall victim to not being compliant, regardless of how "honest and clean" you are.

I'm not one of those "big guys" that's pulling in millions of dollars. So, I'm trying to avoid getting hit like Frank Kern and Perry Belcher.

FIRST of all, if it is from a procedure done by the lawyers client, it is ****NOT**** simply copyright infringment. In fact, the FTC doesn't deal with copyright infringment! It is *****FRAUD*****, which is something the FTC DOES deal with. The pictures IMPLY that the remedy advertised caused the result. So it wouldn't matter if they were of the vendor, taken by, and paid for by, the vendor, and the vendor owned the FULL copyright and had it REGISTERED in the library of congress, it is STILL ILLEGAL!

BTW the FTC will usually leave you alone, etc... unless they:

1. Happen across your site, and see something they don't believe. They may audit you, send you a warning, or a summons.
2. Find something clearly illegal. They will send you a warning or a summons.
3. Find an infraction of some sort. They will likely send you a warning.
4. Get a notification of any of the above, and they will then investigate and act accordingly.
5. Get a complaint, and they will then investigate and act accordingly.

In your case, a lawyer did #4, and they acted accordingly.

Steve

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Warning: Lawyer, FTC notification, and Clickbank

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