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Legalities of quoting Dr in sales letter

by JonoC
8 replies
I have created a book in the alternative health market, meant to help manage a certain disease.

I wanted to quote a doctor in the sales letter. Ideally I would have an accompanying photo of the doctor as well.

The quote is about the nature of the disease and not an endorsement for my product.

Does anyone know what I can and cannot do legal-wise? Do I need their permission to quote them? What about having their photo in there?

Thanks
#legalities #letter #quoting #sales
  • Profile picture of the author marciayudkin
    You're on very dangerous ground there. At a minimum, ask for the doctor's permission. If permission is denied, don't do it.

    I have once seen my own name being used in a full-page magazine ad without my permission, and although I did not pursue legal action, my feeling was that someone was trying to pull a fast one on me and even more so, on the readers, because unless one read very, very carefully, it looked like I had agreed to endorse the product, which I had not.

    Marcia Yudkin
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  • Profile picture of the author AndrewCavanagh
    Also MDs, specialists and doctors in the psychology
    and psychiatry fields have severe restrictions on what
    they're allowed to endorse.

    So you could be putting their license at risk by publishing
    their name.

    As Marcia said ask for permission first.

    Kindest regards,
    Andrew Cavanagh
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  • Profile picture of the author socialentry
    Well, if you`re only quoting them,where's the problem?
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  • Profile picture of the author Mark Pescetti
    Here's an interesting take:

    http://www.nolo.com/legal-encycloped...ial-30100.html

    It was my understanding that as long as you cite the author, it's fair use, even if it's for profit. I could be wrong.
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    • Profile picture of the author marciayudkin
      It was my understanding that as long as you cite the author, it's fair use, even if it's for profit. I could be wrong.
      Mark, fair use is irrelevant in this case. If an average person would read what you wrote and think it implies that the doctor endorses your product, then you could be in deep trouble. Average people don't read very carefully.

      Marcia Yudkin
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      • Profile picture of the author JonoC
        The copy is separated into two sections, the first being a description of the disease and the second being the intro to my product.

        The quoted doctors would be in the beginning of the first section and in no way would appear to be endorsing my product.

        I suppose I could even put a line beneath it saying that they in no way endorse my book.

        Would there be any issues with doing this?

        Thanks for your replies.
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  • Profile picture of the author Mr. Subtle
    Quoting/using pics of people (without their permission) happens all the time. This direct mail piece quotes (and slams) climate change deniers Limbaugh, Palin and Beck. I seriously doubt the company contacted Rush (or any of them) and asked "Can we use your pic and pull quote?" and then slam you 'cause you're so frickin' ignorant?



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    • Profile picture of the author marciayudkin
      Subtle,

      Since the Union of Concerned Scientists is a non-profit organization, one of the factors that come into play with direct mail for a for-profit company isn't there.

      In addition, if that piece goes against the views of the people whose quotes and photos are used, then there is no possible confusion about whether or not those people endorse the views of the organization behind the mailer.

      And finally, if I'm not mistaken, there are photo credits in that direct mail piece. Normally publishers not only run photo credits but also get permission from the copyright holder of the photo credit, which is not necessarily the person in the photo.

      For these reasons, I am not sure your example is relevant.

      And the more money that is at stake here, the more important it is for the original poster to consult an attorney and not rely on our informed or misinformed opinions here.

      Marcia Yudkin
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      Check out Marcia Yudkin's No-Hype Marketing Academy for courses on copywriting, publicity, infomarketing, marketing plans, naming, and branding - not to mention the popular "Marketing for Introverts" course.
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