Legal Question in Business Law in California

possible copyright infringment or defamation

I am thinking of building a personal website that collects all my favorite links (such as lawguru, bestbuy, nolo, and so on). Initially, this may be an intent for my own reference (just like bookmarks on the go).

Since the site is accessible to everyone on the net, should it be a concern of possible copyright infringment or defamation? note that there are some litigations about this issues in the past.

Regards


Asked on 1/20/07, 9:20 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: possible copyright infringment or defamation

Copyright infringement and defamation sound very unlikely. A greater possibility is trademark infringement. Another remote possibility is cyberpiracy. As long as you are not making any commerical use of the site, not charging any money or doing any business or depriving anyone of business or intercepting or diverting someone's commercial e-mail or web inquiry traffic, you risk is pretty low. Think in terms of what damages you can be sued for. If no one is damaged, and you intend no harm, and operate low-key, your risks are also very low. I'd go ahead and do it under those circumstances, but if anyone complains, stop and apologize.

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Answered on 1/21/07, 10:22 pm
Tamar Israel Dyson Dyson & Associates

Re: possible copyright infringment or defamation

Why don't you consider requesting permission from the webmasters of each website that you plan to use? Many, if not most, would probably agree to let you link to their sites if your intentions are truly only for reference purposes. Furthermore, many websites actually pay for any purchases resulting from links originating from a portal on your website. I have clients who make a substantial income just from providing links to their favorite websites. The downside is that permission may be refused and then you will have already alerted them of your intent to use the site. You must weigh the risks versus the benefits. I tend to err on the side of caution and therefore would only use the links with permission.

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Answered on 1/23/07, 4:13 pm


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