
What is with this affinity some warriors have for breaking the law?
I was browsing the WSO section and came across an offer from a copywriter who was offering their service at a discount. As part of the pitch this individual included links to some examples of his/her work. One of those links lead to a WSO with copy that was accompanied with an image of a famous celebrity.
Example 2;
I came across a marketer who in a marketing campaign used images of celebrities and was giving advice on how to be successfull to new people to marketing.
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Although I am not psychic, I am more than willing to hazard a bet that neither of the above individuals had legal permision to use these images. I wonder if these people are aware that what they are doing is a federal offense in most civilised countries. They risk not only substantial fines if caught, but possible jail time as well.
Getty images are notorious for having their lawyers scouring the internet trying to catch people out and sending them letters demanding substantal amounts of money.
What disturbs me is the fact that in both of the above cases, the wso owner and thread starter, were handing out 'business advice' to new people to internet marketing.
I'm not even going to bother with the 'professional' copywriter.
In case anybody reading this is confused at this point, you cannot randomly take pictures from the internet of famous celebrities (or anybody else for that matter) and use them in marketing campaigns without express written permision to do so, not only from the subjects themselves, but the photographer of the image as well.
(Even if you took the photograph of the celebrity/person, you still need a signed release)
This also includes images licenced under creative commons and even public domain in some cases.
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Example 3;
Taking other peoples content and spinning it.
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Here is the opinion of the warrior forums resident legal expert;
I was asked to look at this thread and offer any guidance. In my view, a "spun" article is clearly a derivative work and is an infringement of copyright. Title 17 US Code Section 106, and section 101 defining "derivative work". It is a mistake to get hung up on the "words" used versus the "expression". |
Again if caught, you face serious fines and jail time.
Unfortunately, many people on this forum still think this is ok as long as you don't get caught.
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Example 4;
Using trademarks in domain names.
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Again, I will refer to the opinion of the forums resident legal expert;
Anyway, we're talking trademarks here, not copyright. Two different issues. Basically, as usual, a ton of garbage on this thread. It depends on what the domain is and what the website is about. No one can divine any opinion without knowing this information. For example, for a product called Garvin these will be a problem: garvin.com officialgarvingps.com If your website sells Garvin products, this will probably not be a problem: garvinsforsale.com If you hate Garvin this is a possibility: garvinsucks.com If you have a funny site with pictures of mistaken GPS directions: garvinfunnydirections.com If you repair Garvins: garvinrepairshop.com In other words, there are many legal ways to use a company name or trademark in a domain. Myself, I have hundreds of such domains. A trademark does not give a company monopoly rights preventing any use of their trademark. The purpose of a trademark is to avoid consumer confusion as to who is responsible for a product. Otherwise, no one, such as Best Buy, could sell Garvins without mentioning the product name. How is that going to work? Heck, I wouldn't even be able to mention Best Buy. The big problem you see over and over with trademarks is getting a domain just of the company name, or improperly using a website. For instance, if your name is bobgarvin it would be one thing to have garvin.com with your personal blog, but quite another to have gps listings with Adsense ads that naturally showed Garvin products. |
To be fair, a lot of the time you hear about this type of scenario on this forum, the person who got caught out was not neccesarily breaking the law intentionally, but more so out of ignorance.
(Ignorance is not an excuse for breaking the law by the way)
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I could go on all day about the many illegal and unethical things some members of this community do, some intentionally, others out of ignorance but the point of this post is to educate and remind people that it is quite easy to fall foul of the law, even without realizing it. The above examples are probably the most common you will hear about on this forum.
Just because our business's are web based, doesn't mean the effects on the victims of these crimes is any less harmfull.
"Do unto others as you would have them do to you"
Peace out!
Chris
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