E-Book Disclaimer

by Bryan Douglas 32 replies
I have a hard copy book currently and I am going to publish an e-book version shortly. What disclaimer do you put in your e-books? Here is the current disclaimer I have in the hard copy. Do you think this is sufficient for the e-book or should I update it?

All rights reserved. No part of this book may be reproduced or transmitted
in any form or by any means, electronic or mechanical, including photocopying,
recording or by any information storage and retrieval system,
without written permission from the author, except for the inclusion of
brief quotations in a review.
#main internet marketing discussion forum #disclaimer #ebook
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  • Profile picture of the author x3xsolxdierx3x
    Originally Posted by Bryan Douglas View Post

    I have a hard copy book currently and I am going to publish an e-book version shortly. What disclaimer do you put in your e-books? Here is the current disclaimer I have in the hard copy. Do you think this is sufficient for the e-book or should I update it?

    All rights reserved. No part of this book may be reproduced or transmitted
    in any form or by any means, electronic or mechanical, including photocopying,
    recording or by any information storage and retrieval system,
    without written permission from the author, except for the inclusion of
    brief quotations in a review.
    Bryan,

    HERE is exactly what we put in the Main eBook of our course. It was basically the mesh of a few different disclaimers we found scattered throughout cyberspace....as well as some things we felt were necessary to say that were unique to our project....

    " The information contained in (Title Removed), and its several complementary guides, is meant to serve as a comprehensive collection of time-tested and proven strategies that the authors of this eBook have applied to substantially increase their monthly passive income revenue on (Title of Website Removed). Summaries, strategies, tips and tricks are only recommendations by the authors, and reading this eBook does not guarantee that one’s results will exactly mirror our own results. The authors of (Title Removed) have made all reasonable efforts to provide current and accurate information for the readers of this eBook. The authors will not be held liable for any unintentional errors or omissions that may be found.
    The material in (Title Removed) may include information, products, or services by third parties. Third Party materials comprise of the products and opinions expressed by their owners. As such, the authors of this guide do not assume responsibility or liability for any Third Party Material or opinions.
    The publication of such Third Party materials does not constitute the authors’ guarantee of any information, instruction, opinion, products or service contained within the Third Party Material. Use of recommended Third Party Material does not guarantee that your results, with (Title of website removed) will mirror our own. Publication of such Third Party Material is simply a recommendation and expression of the authors’ own opinion of that material.
    Whether because of the general evolution of the Internet, or the unforeseen changes in company policy and editorial submission guidelines, what is stated as fact at the time of this writing, may become outdated or simply inapplicable at a later date. This may apply to the (Title of Website Removed) website platform, as well as, the various similar companies that we have referenced in this eBook, and our several complementary guides. Great effort has been exerted to safeguard the accuracy of this writing. Opinions regarding similar website platforms have been formulated as a result of both personal experience, as well as the well documented experiences of others.
    No part of this publication shall be reproduced, transmitted or resold in whole or in part in any form, without the prior written consent of the authors. All trademarks and registered trademarks appearing in (Title Removed) are the property of their respective owners.
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  • Profile picture of the author Valiant
    Is there ever a 100% surefire way to prevent people from leaking an eBook after it has been sold?
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  • Profile picture of the author Bryan Douglas
    Thanks, that's pretty comprehensive. I may "borrow" that from you and tweak it a little, if you don't mind.

    @Valiant. No, I don't think there is any way to keep an e-book from being leaked out.
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  • Profile picture of the author kindsvater
    What you have is a copyright notice, not a disclaimer.

    There is not set "disclaimer" because it depends on what your book is about - which no one knows. For example, a disclaimer for health advice would be different than an investing book.

    .
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    • Profile picture of the author Jay F
      Originally Posted by kindsvater View Post

      What you have is a copyright notice, not a disclaimer.

      There is not set "disclaimer" because it depends on what your book is about - which no one knows. For example, a disclaimer for health advice would be different than an investing book.

      .
      I second this. You want your disclaimer to protect you in case the information in your ebook leads to results that are different than expected. And, it never hurts to check with a lawyer.
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      I'm working on some new things. So, nothing to promote just yet.

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  • Profile picture of the author Online Bliss
    Marketers always or always should read the Rights
    you have set for the ebook. Make sure you let them know
    that it is Personal Rights only.
    Let them know they cannot Sell or giveaway your product in simple terms.
    Really, who is going to read a whole page of Legal stuff.
    Maybe you could add this to what you already have Brian.
    Signature
    You've got it Made
    with the Guy in the Shades!
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  • Profile picture of the author R Hagel
    Listen to what kindsvater (Brian) says. As far as I can tell, he's the only lawyer responding to this thread. And since you're asking a legal question, you really should be chatting about this with a lawyer. Just because a disclaimer or copyright notice sounds good doesn't mean it would actually hold up in court if you needed it to.

    Cheers,
    Becky
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  • Profile picture of the author Shaun Lee
    Take a look at all the high-priced products you have and just swipe it from them. They should be safe to follow.

    However, it is even safer to listen to kindsvater and/or your lawyer.

    -Shaun

    Disclaimer: I am not a lawyer.
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    • Profile picture of the author R Hagel
      Originally Posted by Shaun Lee View Post

      Take a look at all the high-priced products you have and just swipe it from them. They should be safe to follow.
      No. You can't just "swipe" someone's disclaimer or copyright notice. For starters, if you're not a lawyer, you have no idea if it's even a good disclaimer. And secondly, that text belongs to someone else.

      In other words, don't plagiarize someone else's notices!


      ETA: Do any other Warriors remember when Mike Filsaime had to pay attorney Bob Silber for using some of his legal forms or text without permission? Actually, I think MF got the forms through a third party so he thought they were legit -- but they actually belonged to Bob Silber. And the point is, Bob had the right to sue if he wanted to.

      So no, don't use someone else's disclaimers or notices without permission.
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      • Profile picture of the author Shaun Lee
        Originally Posted by R Hagel View Post

        No. You can't just "swipe" someone's disclaimer or copyright notice. For starters, if you're not a lawyer, you have no idea if it's even a good disclaimer. And secondly, that text belongs to someone else.

        In other words, don't plagiarize someone else's notices!
        I'm pretty sure it is OK to swipe it from successful products.

        Just find any 5 books from your bookshelf and the copyright notice would probably be 80% similar.

        -Shaun

        Disclaimer: I am not a lawyer.
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        • Profile picture of the author R Hagel
          Originally Posted by Shaun Lee View Post

          I'm pretty sure it is OK to swipe it from successful products.

          Just find any 5 books from your bookshelf and the copyright notice would probably be 80% similar.

          -Shaun

          Disclaimer: I am not a lawyer.

          The answer is still "no, that's a BAD idea."

          I was making an addition to my post as you typed this -- point is, lawyers can and do sue people who use their legal copy. Best to get a lawyer to create something for you, rather than "swipe" someone else's text.

          ETA: Here's some information about what I am referring to:

          http://www.warriorforum.com/forum/to...ue&whichpage=1

          So unless people have a spare $150,000 laying around (which is what someone can sue you for if you infringe on their copyright), it's best to get a disclaimer from a lawyer rather than swipe from someone else.
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          • Profile picture of the author Michael Oksa
            Originally Posted by R Hagel View Post

            The answer is still "no, that's a BAD idea."

            I was making an addition to my post as you typed this -- point is, lawyers can and do sue people who use their legal copy. Best to get a lawyer to create something for you, rather than "swipe" someone else's text.

            ETA: Here's some information about what I am referring to:

            The Warrior Forum - Urgent- All warriors should read ($150,000 Risk)

            So unless people have a spare $150,000 laying around (which is what someone can sue you for if you infringe on their copyright), it's best to get a disclaimer from a lawyer rather than swipe from someone else.
            I don't know, Becky.

            "I'm pretty sure", sounds pretty convincing.

            ~M~
            Signature

            "Ich bin en fuego!"
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          • Profile picture of the author Shaun Lee
            Originally Posted by R Hagel View Post

            The answer is still "no, that's a BAD idea."

            I was making an addition to my post as you typed this -- point is, lawyers can and do sue people who use their legal copy. Best to get a lawyer to create something for you, rather than "swipe" someone else's text.

            ETA: Here's some information about what I am referring to:

            The Warrior Forum - Urgent- All warriors should read ($150,000 Risk)

            So unless people have a spare $150,000 laying around (which is what someone can sue you for if you infringe on their copyright), it's best to get a disclaimer from a lawyer rather than swipe from someone else.
            This is confusing;

            So basically, every legal document has to be produced by a qualified lawyer? Even then wouldn't it be difficult to come up with totally new legal forms without copyright issues, since it all covers almost the same things.

            Production costs for eBooks would literally skyrocket!

            Please enlighten me.

            -Shaun
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            • Profile picture of the author Michael Oksa
              Originally Posted by Shaun Lee View Post

              This is confusing;

              So basically, every legal document has to be produced by a qualified lawyer? Even then wouldn't it be difficult to come up with totally new legal forms without copyright issues, since it all covers almost the same things.

              Production costs for eBooks would literally skyrocket!

              Please enlighten me.

              -Shaun
              Get real, Shaun!

              Nobody said that.

              But there's no way in "you know where" that you should just steal another author's disclaimer. Ever.

              Instead, you could ASK the author of the disclaimer if you can use, or modify it.

              There may also be standard disclaimers available for a much lower cost.

              All the best,
              Michael "I really wonder how some people don't accidentally drown themselves every time they take a sip of water" Oksa
              Signature

              "Ich bin en fuego!"
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            • Profile picture of the author kindsvater
              Originally Posted by Shaun Lee View Post

              So basically, every legal document has to be produced by a qualified lawyer? Even then wouldn't it be difficult to come up with totally new legal forms without copyright issues, since it all covers almost the same things.

              Production costs for eBooks would literally skyrocket!

              Please enlighten me.

              -Shaun
              I think you're making the same mistake the OP made - confusing a basic copyright notice with a legal disclaimer.

              Anyway, simply copying someone else's disclaimer doesn't do you any good, because:

              You have no idea what you're doing, and

              You don't know if the person drafting what you are copying knew what they were doing, and

              It may not entirely apply to your situation anyway.

              This means you don't know if what you are copying will protect you - or attract lawyers like honey attracts bears.

              *** Read that last sentence again because it is a fundamental philosophy of mine - you want your disclaimers to put up a porcupine defense. You do not want them to attract lawyers.

              I just completed a case quite a ways from my office. I took it because the terms helped made it very, very attractive for a lawyer to get involved. ***

              At the risk of this post getting edited by a mod, let me give you a self-serving reference point:

              In my Webmaster's Legal Guide I give examples of common mistakes new or simply incompetent attorneys make in drafting disclaimers and other legal terms. In one case it cost a company $500,000 and made my clients very happy.

              Mistakes anyone on this forum can correct themselves for their websites.

              In that regard, you're absolutely right. A lawyer is not necessary, BUT only if you gain adequate knowledge.

              I've had many, many lawsuits where the issue was a website legal term and, invariably, the defendant said they had just copied terms from a big website assuming they had some high priced-suits draft the language, and assumed they knew what they were doing.

              You can't assume that. I've seen high priced, silk stockings, 'head of the litigation department' who have actually never tried a case in their life. It is, in my opinion, a reason why big companies continually get sued. Aside from the fact they're a target because they have money, they're dealing with such a large variety of issues, most of which are more important than a website disclaimer, that they're just copying schlock they found online (doing the same thing you're suggesting) - or they simply do not have the time to get the expertise needed for the situation.

              Maybe they're awesome for SEC securities filings, ERISA law, employment issues, etc., but don't know squat about issues for website disclaimers.

              Think of it this way -- you probably know more about how to comply with Google's Adwords' legal terms than the average lawyer.

              ---

              So, for a self-help ebook, we still don't know what it is about. Self-help for what?

              To draft a proper disclosure you first need the 'porcupine' issues I mentioned earlier, and not the 'honey' terms.

              Then, you need it customize it for your situation.

              Is this self-help for avoiding home foreclosure?

              Is this self-help for getting rid of body odor?

              Telling someone how to get get of body odor, but at the same time disclaiming that sometimes a new or unusual odor can be a symptom of a serious medical condition and they should see a medical doctor, doesn't make much sense in the foreclosure situation.

              .
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    • Profile picture of the author Michael Oksa
      Originally Posted by Shaun Lee View Post

      Take a look at all the high-priced products you have and just swipe it from them. They should be safe to follow.

      However, it is even safer to listen to kindsvater and/or your lawyer.

      -Shaun

      Disclaimer: I am not a lawyer.
      That kind of went without saying.



      Also...
      All rights reserved. No part of this book may be reproduced or transmitted
      in any form or by any means, electronic or mechanical, including photocopying,
      recording or by any information storage and retrieval system,
      without written permission from the author, except for the inclusion of
      brief quotations in a review.
      That's going to confuse people. Just by sending it online and having them store it on their "information storage and retrieval system", sometimes known as a computer...

      Well, it just seems like that notice is contradicted as soon as you sell it digitally.

      All the best,
      Michael
      Signature

      "Ich bin en fuego!"
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      • Profile picture of the author Bryan Douglas
        @Michael, Ya, I agree that my current disclaimer is not fitting and may confuse people with an e-book as it is for my current hard copy book.

        My book is a self-help book. It is not a make money online tho, it's more along the lines of helping yourself, have a better outlook onlife type of book.

        I don't really want to involve an attorney. I already paid out the butt on legal fees, but I may have them take a look if I do the e-book just to be careful.
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  • Profile picture of the author Bryan Douglas
    Kindsvater - you bring up some very good points. I actually feel a little like a dummy right now. I'm actually in the insurance biz, and I should know a little better.

    I do agree with you, and I will get a tailored to my book disclaimer.

    BTW, I see how body oder could be tied to medical, and a good lawyer might be able to say giving medical advice, unless it's stated in the book/website that there is no medical advice, yada yada.

    My book is actually self-help on how people can make a difference in the world with out spending much money or time. Helping themselves and also helping others. A motivational/inspirational book.

    Lots of things to think about.
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  • You may also want to add something to the effect below.

    Copyright © 2010 Business Site Name Hewre. All rights reserved world wide. All trademarks and service marks are property of their respective owners. The information, stories and articles contained in this ebook are the opinion of the individual authors based on their personal observations and years of experience. Neither the authors or publisher assume any liability whatsoever for the use of or inability to use any or all information contained in this publication. Use this information at your own risk.
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    • Profile picture of the author nomiprince4u
      Originally Posted by Private Label Ebook Shop View Post

      You may also want to add something to the effect below.

      Copyright © 2010 Business Site Name Hewre. All rights reserved world wide. All trademarks and service marks are property of their respective owners. The information, stories and articles contained in this ebook are the opinion of the individual authors based on their personal observations and years of experience. Neither the authors or publisher assume any liability whatsoever for the use of or inability to use any or all information contained in this publication. Use this information at your own risk.

      Thumps Up For this Disclaimer ....
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  • Profile picture of the author Shaun Lee
    Hi kindsvater,

    Your post made a lot of sense now. Thanks for enlightening me.

    So from what I understand, how should I get the legal documents for a particular product? Is hiring a lawyer the only safe option?

    -Shaun
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  • Profile picture of the author Istvan Horvath
    Seemingly only lawyers (kindsvater) and linguists/teachers (myself) insist on using the right words in your communications

    Half of the thread's participants use the terms "copyright notice" and "disclaimer" as if they were interchangeable. Well, they are not...

    Lawyers know from their experience that using the wrong words in your documents can cost you money.

    Teachers who spent years in communication field know that you diminish your chances to be understood if you don't know the proper terminology.

    If we are in a business, any business - we should try to learn the basic terms of that business and use them in the right way.

    Just my $0.02
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  • Profile picture of the author IMChick
    Another lawyer here telling you to listen to Kindsvater.

    Also, to be blunt, there is a difference between a disclaimer and a copyright notice. I note that someone had to point that out, so, well, you really need to get yourself to a lawyer.

    As usually happens in litigation, a small legal fee at the beginning of the project could circumvent future problems. Many people try to save money or think that they know more than a lawyer. This will always have a poor result. It's too late after a lawyer steps in to unwind the problem, and it is very expensive.

    Right now, I am working on a new IP case. The fees require a retainer and a personal guarantee for payment because the business is not expected to survive the litigation. It is also likely that the parties have personal liability outside of the business set up to shield them, hence the personal guarantee. A very expensive mess with a lot on the line, and very unnecessary since it was preventable.

    Legal (and other expert fees) are part of the cost of doing business. Ignore this at your own peril.
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  • Profile picture of the author SteveEO
    http://adsense-secrets.com/terms.html

    Parts of Joel Comm's Disclaimer are good
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  • Profile picture of the author costos gohdohb
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    • Profile picture of the author Dennis Gaskill
      Originally Posted by Shaun Lee View Post

      I'm pretty sure it is OK to swipe it from successful products.

      Just find any 5 books from your bookshelf and the copyright notice would probably be 80% similar.

      -Shaun

      Disclaimer: I am not a lawyer.
      I'm pretty sure if you have to include a disclaimer with your advice then maybe you shouldn't be offering the advice in the first place.

      Originally Posted by Michael Oksa View Post

      There may also be standard disclaimers available for a much lower cost.
      There is Auto Web Law. It's filled with legal forms written by an attorney that you fill in the blanks to generate various disclaimers. Of course, you need to be able to choose the right forms that you need, and you need to fill in the blanks with the correct information, but it is a low cost ($75) alternative to a lawyer, but...

      Originally Posted by kindsvater View Post

      Read that last sentence again because it is a fundamental philosophy of mine - you want your disclaimers to put up a porcupine defense. You do not want them to attract lawyers.
      Brian, have you ever looked over the disclaimers generated by Auto Web Law? I'd be very interested in knowing your opinion on them since this is what I use to generate my disclaimers.
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      Just when you think you've got it all figured out, someone changes the rules.

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  • Profile picture of the author Dennis Gaskill
    Originally Posted by precious007 View Post

    I've just done a search in google for sites using the same one privacy policy ..

    Google

    Could a lawyer or someone enlighten us on this issue?

    I know a Disclamer and a Privacy Policy are both important to have on our website but how can 159.000 sites have the same privacy policy then?

    Al.
    Could be they all use software like Auto Web Law to generate their privacy policy. Could be they buy their legal forms from a place like Legal Zoom or others.
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    Just when you think you've got it all figured out, someone changes the rules.

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