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Do I Need To Get Permission For This Opt-in Method?

by mustafavanancio
16 replies
Hey Guys,

I came across some high quality content created by a company which offers it on their website free of charge as a way of promoting their service, without asking people to opt-in.

If I wanted to offer this content as a freebie by providing a link to the content to get people on to a niche specific list via an opt-in form, do I need to get permission from the original content creator?

Obviously I will not do this if it is not legal which is why I'm asking for advice.
#method #optin #permission
  • Profile picture of the author Lucian Lada
    Originally Posted by mustafavanancio View Post

    Obviously I will not do this if it is not legal which is why I'm asking for advice.
    It's good that you're asking for advice before proceeding with something that might be illegal, it's just that this forum is a very, very bad place to ask for legal advice.

    Still, that won't stop people with no legal background or real experience from giving them their rather overpriced 2 cent worth of legal advice on this matter.
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    • Profile picture of the author mustafavanancio
      Originally Posted by Lucian Lada View Post

      It's good that you're asking for advice before proceeding with something that might be illegal, it's just that this forum is a very, very bad place to ask for legal advice.

      Still, that won't stop people with no legal background or real experience from giving them their rather overpriced 2 cent worth of legal advice on this matter.
      Thank you. I understand what you're saying.

      I am hoping to hear from someone who has tried using this method and would like to know what their experience was.

      No doubt I will probably get some opinions from people who have not had any experience with this.
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  • Profile picture of the author Steven of Polonius
    Can't comment on the legality unless you pay my 2 cent lawyer fee. But from an ethical perspective I think they would probably not appreciate it and it'd be best if you ask.

    I CAN tell you that I've heard of major internet marketers, like Shoemoney, going after other marketers with lawsuits if they use their stuff without permission so definitely tread carefully.
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    • Profile picture of the author mustafavanancio
      Originally Posted by Steven of Polonius View Post

      Can't comment on the legality unless you pay my 2 cent lawyer fee. But from an ethical perspective I think they would probably not appreciate it and it'd be best if you ask.

      I CAN tell you that I've heard of major internet marketers, like Shoemoney, going after other marketers with lawsuits if they use their stuff without permission so definitely tread carefully.
      Just to clarify I am not thinking of copying their content and distributing it.

      All I'm thinking of doing is creating an opt-in page with some bullet points highlighting the benefits of the free content and then providing a link to the content that is publicly available.

      The company gets free advertising and I get targeted subscribers.

      Do I still need their permission to build a list using content that is publicly available?

      If this is not considered legal then I will not do this.
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      • Profile picture of the author Tsnyder
        Originally Posted by mustafavanancio View Post

        Just to clarify I am not thinking of copying their content and distributing it.

        All I'm thinking of doing is creating an opt-in page with some bullet points highlighting the benefits of the free content and then providing a link to the content that is publicly available.

        The company gets free advertising and I get targeted subscribers.

        Do I still need their permission to build a list using content that is publicly available?

        If this is not considered legal then I will not do this.
        I have a great idea!!!

        How about we forget all about the legal and ethical considerations
        and use our brain to think for a minute...

        What's the purpose of an opt in? That's easy... the purpose is to build
        a list of subscribers who want to know what WE have to say on a particular
        subject. People who will develop some degree of loyalty to US so that
        at some future date we might recommend products or services to them which
        they will buy... because they trust US... and we can earn some money.

        Has reality dawned on you yet?

        How many of your opt ins do you think might be pissed off at YOU
        when they arrive at the page, find out it isn't your content, find out that
        you have no affiliate relationship with it at all and find out that the person
        who IS offering all that great content offers it freely without obligation?

        Like I said... let's not even get to the legalities and ethics... let's just recognize
        that it's an incredibly dumb idea and put our minds to work coming up with
        something that works... and won't piss people off in the process.
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        • Profile picture of the author mustafavanancio
          Originally Posted by Tsnyder View Post

          I have a great idea!!!

          How about we forget all about the legal and ethical considerations
          and use our brain to think for a minute...

          What's the purpose of an opt in? That's easy... the purpose is to build
          a list of subscribers who want to know what WE have to say on a particular
          subject. People who will develop some degree of loyalty to US so that
          at some future date we might recommend products or services to them which
          they will buy... because they trust US... and we can earn some money.

          Has reality dawned on you yet?

          How many of your opt ins do you think might be pissed off at YOU
          when they arrive at the page, find out it isn't your content, find out that
          you have no affiliate relationship with it at all and find out that the person
          who IS offering all that great content offers it freely without obligation?

          Like I said... let's not even get to the legalities and ethics... let's just recognize
          that it's an incredibly dumb idea and put our minds to work coming up with
          something that works... and won't piss people off in the process.
          Thank you for your opinion, I appreciate you taking the time to comment.
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          • Profile picture of the author JohnMcCabe
            Originally Posted by mustafavanancio View Post

            Just to clarify I am not thinking of copying their content and distributing it.

            All I'm thinking of doing is creating an opt-in page with some bullet points highlighting the benefits of the free content and then providing a link to the content that is publicly available.

            The company gets free advertising and I get targeted subscribers.

            Do I still need their permission to build a list using content that is publicly available?

            If this is not considered legal then I will not do this.
            Mustafa, I think you're in a grey area here.

            On one hand, you're merely providing a link to a freely available resource. Depending on your execution, and your later interaction with your list, you could be fine.

            On the other hand, there have been multiple court cases where a content provider sued another company over deep linking to pages in their site. The claimed harm arose from bypassing other offers the first site had along the path to the deep page. The most publicized cases involved affiliates deep linking to ticket sellers, thus bypassing the ticket sellers' own list building process.

            While I've freely linked to online resources in my emails, I've never made one the reason for an opt -in. Your best bet may be to contact the resource owner with your plans and see what they have to say.
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            • Profile picture of the author mustafavanancio
              Originally Posted by JohnMcCabe View Post

              Mustafa, I think you're in a grey area here.

              On one hand, you're merely providing a link to a freely available resource. Depending on your execution, and your later interaction with your list, you could be fine.

              On the other hand, there have been multiple court cases where a content provider sued another company over deep linking to pages in their site. The claimed harm arose from bypassing other offers the first site had along the path to the deep page. The most publicized cases involved affiliates deep linking to ticket sellers, thus bypassing the ticket sellers' own list building process.

              While I've freely linked to online resources in my emails, I've never made one the reason for an opt -in. Your best bet may be to contact the resource owner with your plans and see what they have to say.
              Thank you for your reply John.

              I have never used a grey or black hat method before and I don't ever intend to use one.

              I was just trying get a general idea of what people think.

              If I ever link to content I will try to get permission wherever possible.
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              • Profile picture of the author JohnMcCabe
                Originally Posted by mustafavanancio View Post

                Thank you for your reply John.

                I have never used a grey or black hat method before and I don't ever intend to use one.

                I was just trying get a general idea of what people think.

                If I ever link to content I will try to get permission wherever possible.
                I wasn't saying that the method itself was grey or black hat. Didn't mean to imply that.

                I was saying that the legal area isn't cut and dried. While most people would agree that the Internet is built on links, some companies have taken exception (and legal action) to some linking practices. The legality, which was your original question, is not cut and dried. Precedent and case law are still being established.

                Good luck on your project.
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  • Profile picture of the author bluejeans
    How about just looking at it from an ethical perspective? If you made a lot of great content, would you enjoy or appreciate someone ripping it off for their own gain?

    Why not ask permission? Or offer to share leads? Is there a way to make it a win-win?
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    • Profile picture of the author mustafavanancio
      Originally Posted by bluejeans View Post

      How about just looking at it from an ethical perspective? If you made a lot of great content, would you enjoy or appreciate someone ripping it off for their own gain?

      Why not ask permission? Or offer to share leads? Is there a way to make it a win-win?
      Yeah of course. I would only do this from an ethical perspective.

      Thanks for your advice. I appreciate it.
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    • Profile picture of the author Kay King
      high quality content created by a company which offers it on their website free of charge as a way of promoting their service
      My guess is if you read all of the content provided - or the terms listed somewhere on that website you will find a copyright notice and/or restrictions of how you can utilize THEIR free content.

      Think about what you are asking.

      A company created content offered to promote THEIR service.
      You are asking if YOU can use THEIR content to promote YOURSELF instead.
      Why would they be OK with that???

      Why don't YOU create some high quality content that will be exclusively YOURS and use it to build your list?
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      • Profile picture of the author mustafavanancio
        Originally Posted by Kay King View Post

        My guess is if you read all of the content provided - or the terms listed somewhere on that website you will find a copyright notice and/or restrictions of how you can utilize THEIR free content.

        Think about what you are asking.

        A company created content offered to promote THEIR service.
        You are asking if YOU can use THEIR content to promote YOURSELF instead.
        Why would they be OK with that???

        Why don't YOU create some high quality content that will be exclusively YOURS and use it to build your list?
        Thanks for your thoughts.

        Is this your opinion or have you been in this situation before?

        From what I remember the laws on copyright only prohibit someone from reproducing someone's content without their permission.

        I am not planning to reproduce anyone's content.

        I am just thinking of sharing a link to content that is publicly available.

        Does that classify as a copyright infringement?

        BTW I have created some high quality content which I intend to build a list with.
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  • Profile picture of the author surfer30
    I agree with bluejeans. you don't want someone to take your content while you spent a lot of time creating it. just copy and paste. you need to understand there is something called fraud on the ned
    for nay taken content, pictures and etc.

    you start creating your high quality content and focus on building your branding. that means you have a business of yourself. and the more content you write the smarter you become.

    Spend more time reading to be able to write good content for your readers. and do something which is ligal. behind every successful person there is a sacrifice. when it is easy to be successful, we will all be on the top of the mountain.

    Read, read, read to have the right mindset. learn the basics, spend more time learning from experts in your niche and as the time passes you will feel the wealth you created was completly pure and you feel happy.
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  • Profile picture of the author Randall Magwood
    If you have to question it, don't do it. It's not worth the hassles and "looking behind your shoulders" everyday when you wake up.
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  • Profile picture of the author mich800
    Legalities and ethics aside here is my take. Presumably you are building a list to eventually market to. If I were to opt into your list only for you to just send me to a third party to get the info myself I would never consider you an expert in that field and would never consider purchasing from you later. So if your goal is to set yourself up as an expert in a specific field this could backfire.
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