Legal Question in Business Law in California

Is this illegal marketing?

Hello, this may be a dumb question, but here it goes!

Over the past 6 years I've bought and borrowed almost every marketing book imaginable. And now I've written my own huge downloadable ebook, over 800 pages.

In my sales copy I list nearly all the books I've bought and read. Here is a small sample:

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''Over the past six years I've read hundreds of marketing books. Some of them include:

Robert Kiyosaki - Rich Dad Poor Dad

Robert G. Allen - Multiple Streams of Internet Income

Corey Rudl - Insider Secrets to Marketing Your Business on the Internet

Anthony Robbins - Unlimited Power

Now I have stolen all of their sneaky secrets and revealed them in one single eBook!''

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Of course I didn't really ''steal'' anything. This book is my own, written completely by me, with information that I have learned over the years. I still wonder if I can use that word? The word ''stolen'' creates controversy, and that sells! People want something forbidden. But that's beside the point.

NOW, FOR ANOTHER DUMB QUESTION: Am I allowed to list in my sales copy all of the books that I have read? Almost all of these titles are copyrighted and trademarked. So, I'm not sure I can cite them in a commercial sales copy. Please advise!

Jen


Asked on 6/09/04, 4:50 pm

3 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Is this illegal marketing?

Will you need is a specialist in copyright law to determine if you are" stealing" copyrighted material from different books or compiling different sections which are not copyrighted. You must deal with each one individually and you must deal with an attorney who is substantially knowledge in this area. Specifically a copyright attorney. Find one who is expertise and rely upon them. Look it, you can't do this yourself you have to understand this. If you don't understand that is start understanding it. You haven't got the expertise, experience, knowledge or information therefore take my advice. If anyone is relying upon your own awarding they better watch out. Without specifically reviewing each one of the use "steals" you may be in biggggg trouble.

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Answered on 6/11/04, 9:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is this illegal marketing?

Well, if I were defending you in court, I'd argue that you can't "steal" an idea that's been made public in a book. I'd also argue that there was no copyright violation because everything you expressed was in your own words and otherwise was your own form of expression.

So, while it possible to steal an idea, and it is possible to infringe a copyright, I don't see a strong case against you here based on what you've described.

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Answered on 6/09/04, 6:00 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Is this illegal marketing?

To infringe a copyright, you basically have to copy someone else's expression of an idea. To put it in your own words is not a violation.

To infringe a trademark, you have to create confusion as to the source of goods or services. By merely referring to other books, you're not going to confuse the reader into thinking they're reading THOSE books.

I can't give you specific advice that you can rely on, but you can use what I've provided for a basic understanding.

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Answered on 6/09/04, 7:14 pm


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