Is it legal or allowed to......?

11 replies
I have seen eBooks teaching how to write sales copies, inside they have a genuine sales copy from somebodys website which they then break down and teach the reader about it. You know the one's?

My question is: Is it legal to break down somebody else's article/sales copy/website in order to explain the different components in my own book without the authors permission?

Or would it only be legal to do that to my own products and I would need the authors permission to deconstuct thiers?

T.Genius
#allowed #legal
  • Profile picture of the author Kay King
    Using someone else's content isn't acceptable without permission - doesn't matter what you want to do with it. You don't know enough about others "doing this" to compare as you don't know who owns the copy they use or what permissions they obtained.

    Though it's true you can reprint article from article directories - I don't think what you propose would be considered an acceptable use of them.

    Easier (and safer) to write the copy on your own and then dissect that copy as an example.

    kay
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    • Profile picture of the author Steve Sanchez
      I was under the impression that you can use other people's stuff as long as you give them full credit for creating it. If you look at any research book, quotes from other people's research with a footnote or a direct credit, i.e. name and source document. Maybe I'm wrong, but I'm pretty sure this they way to legally proceed.
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      • Profile picture of the author kindsvater
        Originally Posted by Steve Sanchez View Post

        I was under the impression that you can use other people's stuff as long as you give them full credit for creating it. If you look at any research book, quotes from other people's research with a footnote or a direct credit, i.e. name and source document. Maybe I'm wrong, but I'm pretty sure this they way to legally proceed.
        No Steve, that is incorrect.

        You cannot use all of someone's whatever and get away with it by giving them credit.

        A reasonable quote would be considered fair use.

        What you see in research books may be a short synopsis, or a review, or the basis for where some initial research was done, and the author doesn't want to be fired for plagiarism.

        But plagiarism is something altogether different than copyright issues.

        Think of it this way: I cannot copy a Stephen King novel and sell it, with some proviso that it was originally created by Stephen King.

        But I can write a report about the 10 scariest villains and mention #7 is someone out of a Stephen King novel, and quote a paragraph to illustrate how scary the character is.
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  • Profile picture of the author Mohamad Latiff
    I have seen this kind of website / sales copy deconstruction in recent internet marketing ebooks but the author did mention that they had gotten permission from the original creator of said website / sales letter.

    It shouldn't be a hassle to send a simple email and politely asking the creator's permission to quote their work for educational purposes.
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  • Profile picture of the author BradCarroll
    You probably shouldn't have much trouble getting a site owner's permission to do this. A couple may turn your down...but ultimately, SOMEBODY is going to realize that you'll be sending a little free traffic to their site and/or sales page. I can't imagine too many people would argue with that, as long as they know you're using their material as a good example instead of a bad one.

    Brad
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  • Profile picture of the author mikemcmillan
    I would refer you to Title XVII, U.S. Code, Section 107.
    ---------------------------------------
    Section 107. Limitations on exclusive rights: Fair Use.

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work.

    Hope that helps. As a sidebar, consider Google. You design a web page and put it up on the Internet. Google spiders the page and stores the cache of the ENTIRE sales page and makes available that complete cache to the entire world. Moreover, the source code, of that page is made available to the world as well. Additionally, since AdSense ads are displayed alongside the contracted description of that page on the web, one could argue that Google is profiting from the display of the copyrighted work of others. Would one accuse Lady G of infringing upon the copyright of the sales page indexed and displayed?

    My point is that there is a lot of fuzziness in matters such as this. Ultimately, only a judge and/or jury can inform you of what is legal--although a little common sense can go a long way.

    By the way, my posting of the excerpt of the U.S Code probably doesn't violate copyright either. Most government publications cannot be protected by copyright, although they could be classified.

    Does that help?
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    • Profile picture of the author USEO
      Hi T Genius,

      If you are looking for a succesful site to use in this way, let me know.

      I'd be happy to discuss this with you in relation to using IPK as an example.

      The thing is, even with a 100% genuine content and strategies - you
      would be stupid NOT to think about EVERY word on a sales page. So this is
      an interesting subject.

      If you are thinking about selling a product and doing this type of review it
      WOULD be very interesting to your potential customers to show them the
      importance of "copy" (ironic word I know in this context) and how it can
      meke the difference between a few hundred $'s and $ a few hundred
      thousand.

      I'd be happy to discuss with you the possibility of you using the IPK site...

      Could be fun actually this - my brain has just flipped into race-mode -
      could give you some screen shots of 5 figure sales days to justify the
      points you are trying to get accross in your review...

      Let me know.

      Regards

      Craig IPK
      (It's still easier to make money at Amazon :-)
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  • Profile picture of the author BestWarry
    If you don't have the permission from the author then it would better to find another article which is already in public domain or which copyright has already expired.
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  • Profile picture of the author Teenage Genius
    Thanks guys!

    USEO hit me up
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  • Profile picture of the author mmurtha
    No, it is not legal without the owner's permission!
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