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Ebooks and other digital products legal issues

by Jack7
10 replies
Hey guys,

So I'm almost done developing my first product, and very very excited!

However, there's something that I actually haven't thought off before that recently came to mind.

Do I need to put any kind of a legal statement in my product? Something along the lines of "Use the information in this product at your own risk. The info is provided 'as is'", etc?

If yes, do I need this in every kind of product? For example, if I'm writing about SEO techniques, should I make it clear that these are general guidelines, and that user will implement them at their own risk and I provide no guarantee that they will work because every situation is different?

In other words, in what cases do you need to provide this sort of a legal statement?

Anyway, any thoughts on this are very highly appreciated

Jack
#digital #ebooks #issues #legal #products
  • Profile picture of the author Dan C. Rinnert
    The answer to all your questions is "Ask a lawyer."

    My attorney has written disclaimers for my products. I have ones to cover a range of topics. If I do something new, I let the attorney know about it and he tells me if I can use a general disclaimer (which is what most of my stuff uses) or if I'll need something new.
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    • Profile picture of the author Jack7
      Dan, Thanks for the tip.

      Is it really necessary though for every kind of product?

      I have books on similar subjects and none of them have anything like that...
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      • Profile picture of the author Dan C. Rinnert
        Originally Posted by Jack7 View Post

        Is it really necessary though for every kind of product?

        I have books on similar subjects and none of them have anything like that...
        Not everyone worries about it. In health, financial and other professional niches, it's probably a necessity. For other niches, you'd really have to ask a lawyer. For some topics, it may be a matter of your personal tolerances.

        I'm not a lawyer, but, in my opinion, you'd want a disclaimer for anything that's results-oriented. If you're offering to show them how to get on page one in Google's search results, for example, it's probably a good idea to have a disclaimer along the lines of what you wrote in your original post. It's best to have it worded by a professional, though.

        Consider this: In a nation (if you're in the U.S.) where a woman can throw a soft drink at her boyfriend, slip in the resulting mess on the floor, hurt herself and then turn around and sue the restaurant, and WIN, you want to do whatever you can to cover yourself.
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  • Profile picture of the author jonbeebe
    If all else fails, get a popular product from a marketer in your country and see what they're doing. Of course the BEST route to take is to get a lawyer to look at it, but not everyone has those resources, so I think taking a look at what someone who DOES have a lawyer is doing should at least help you out... tremendously.

    Hope that helps!

    Jonathan Beebe
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  • Profile picture of the author David
    we can get ourselves in trouble offering legal advice: so here's my disclaimer:
    I'm not a lawyer and this does not constitute legal advice....

    I agree with Dan's advice above, and jonbee's advice.

    find one you like, ask the person who wrote it if they'd give you permission to use it, chances are they cut n pasted it from someone else, hope for the best, having one sure seems to be better than not having one.
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  • Profile picture of the author Private Label Ebook Shop
    If your product makes any claims in terms of financial gains, health improvements, etc you need a disclaimer to product yourself and your business.

    In my opinion if you think you may need it then include it.
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    Private Label Rights Ebook Store
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  • Profile picture of the author Jack7
    Thanks for the info everyone.

    HypeFree,
    Sorry to hear about that whole situation. Some people are indeed idiots.

    My niche is really not very results oriented, more of a source of information. But, I guess I'll have to consult a lawyer or at the very least put as detailed a statement as possible.

    One question though. What happens if I'm selling the product internationally? I live in Canada, so can someone from the States have any legal recourse against me? Has anyone had this kind of issue involving international law?
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  • Profile picture of the author Irnes Jakupovic
    Yes a disclaimer is an absolute must because if you don't have one people will be able to distribute your material without any fear of repercussions. Even if you were to say something they would simply say that you did not indicate anywhere that there was restrictions on the distributing your material.
    Like the people said above I would contact an attorney.
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    • Profile picture of the author Jack7
      Originally Posted by Irnes Jakupovic View Post

      Yes a disclaimer is an absolute must because if you don't have one people will be able to distribute your material without any fear of repercussions. Even if you were to say something they would simply say that you did not indicate anywhere that there was restrictions on the distributing your material.
      Like the people said above I would contact an attorney.
      I'm not worried as much about copyright, ie people redistributing my product. I think I got it covered with a disclaimer. I just want to protect myself against cases of someone legally complaining that the book "promised" something and did not deliver.
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