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Disclaimer Question

by aliveder
14 replies
Hello all. I have a question that I could not find the answer to online.
I have written an eBook, and it has a nice legal and health disclaimer. Do these disclaimers have to be read at the beginning of the audio book that accompanies the eBook?:confused: Thanks all in advance.
#disclaimer #question
  • Profile picture of the author Edk
    As this is a legal question - with all the implications of that - your best bet is to get a true legal expert's answer. Someone who is - yes - legally accountable for the answer they give you and which presumably you'll regard as the definitive last word on the matter.
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  • Profile picture of the author aliveder
    What type of lawyer would I have to see? Intellectual property?
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    • Profile picture of the author Farish
      Originally Posted by aliveder View Post

      What type of lawyer would I have to see? Intellectual property?
      Intellectual Property is more for copyright issues, is that what you are worried about? Or are you worried about being sued for health information given out. If that is the case would that not be an attorney specializing in medical field or medical malpractice.
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  • Profile picture of the author aliveder
    I already have my legally prepared health disclaimer. I just needed to know if it needs to be read out for the audiobook. As well as the disclaimer regarding copyright.
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    • Profile picture of the author WillR
      Originally Posted by aliveder View Post

      I already have my legally prepared health disclaimer. I just needed to know if it needs to be read out for the audiobook. As well as the disclaimer regarding copyright.
      Still best to ask a legal professional. No one on this forum has anything to lose by giving you bad advice. You also don't know how reputable someone's advice is so always best to seek a professional.

      We just don't want to see you get stung.
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  • Profile picture of the author aliveder
    That's what I was asking above. What type of legal professional do I see? Regarding audiobook law.
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    • Profile picture of the author WillR
      Originally Posted by aliveder View Post

      That's what I was asking above. What type of legal professional do I see? Regarding audiobook law.
      Oh, I thought you said you "already have my legally prepared disclaimer" so I just assumed you had it drafted up by a professional. If so, they would be the best person to ask.

      If it wasn't drafted up by a professional, then you might want to consider it. You just want a lawyer who specializes in web/online. Plenty of them around nowadays.

      It might cost you a little money but so does getting sued.
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      • Profile picture of the author Edk
        Originally Posted by WillR View Post

        Oh, I thought you said you "already have my legally prepared disclaimer" so I just assumed you had it drafted up by a professional. If so, they would be the best person to ask.

        If it wasn't drafted up by a professional, then you might want to consider it. You just want a lawyer who specializes in web/online. Plenty of them around nowadays.

        It might cost you a little money but so does getting sued.
        Witty. Thanks
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        • Profile picture of the author agmccall
          There are quite a few legal/law forums on the internet, just google legal forums and pose your question their. But, you will probably still need to seek legal council.

          al
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    • Profile picture of the author Farish
      Originally Posted by aliveder View Post

      That's what I was asking above. What type of legal professional do I see? Regarding audiobook law.
      This isn't about audiobook law, it is about health law. If you had your disclaimer drawn up by a lawyer, wouldn't they know?
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  • Profile picture of the author aliveder
    My audiobook was last minute. I do not want to pay 200$ for a 30 second question. But I guess I am going to have to now.
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    • Profile picture of the author WillR
      Originally Posted by aliveder View Post

      My audiobook was last minute. I do not want to pay 200$ for a 30 second question. But I guess I am going to have to now.
      Well, if you have a disclaimer then you need to make sure people read it. Instead of including the whole thing in the video you could include a text file with the video that has the disclaimer in it. Then just mention at the top of the video that people need to read the disclaimer before watching the rest of the video.

      Again, this is not legal advice and I am in no way a legal professional.
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    • Profile picture of the author Farish
      Originally Posted by aliveder View Post

      My audiobook was last minute. I do not want to pay 200$ for a 30 second question. But I guess I am going to have to now.
      I would call and sometimes if your lawyer is nice they will give you free advice since it is such a quick question...

      or

      If you do not have any assets you do not mind losing in a lawsuit, just do whatever you think is right then. Maybe just put the disclaimer at the beginning and end of the audiobook and on the download page.
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  • Profile picture of the author kindsvater
    Does a disclaimer for an audio health ebook need to be read at the beginning of the audio?

    If it needs to be included at the beginning of the written version it likely should be included at the beginning of the oral version.

    Rule of Thumb I tell my clients: The riskier the topic the greater the need for disclosure up front instead of at the end.

    For example, compare these health topics:

    - How to use shampoo and conditioner to get healthier hair

    - How to sniff house paint to cure cancer


    A "disclaimer" is used to disclaim something, like liability. You do not need one for copyright as copyright, typically, automatically attaches to your work when it is created. A statement your ebook is copyrighted is more of a reminder than a disclaimer.

    (FYI - no disclaimer in the world will cure liability for fraud, such as sniffing house paint to cure cancer. Most likely the only appropriate disclaimer would be this is a parody or piece of fictional comedy.)

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