Legal Question in Intellectual Property in California

Hello,

I have a question about using personal information and 'public domain'.

Do names, office addresses and telephone numbers belong to 'public domain'?

Let say, if I make a directory website using doctors' or dentists' name and their office address, would it be violate any copyright law? Or do I need get their permission to list their name, office address and telephone number on my directory site?

Please let me know.


Asked on 11/17/10, 2:57 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Copyrights are available for creative works.

It is long-settled law that directories like phone books are mere compilations of information, without sufficient creative element to warrant copyright.

Nevertheless, although you can copy directory information, you must be cautious not to invade the lister persons' privacy rights.

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Answered on 11/22/10, 3:10 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I agree with what the other attorney says. However, take a look at AT&T's "Real Yellow Pages" and you will find a prominent warning about reproducing or copying their directory listings in any form without their consent. Remember what Clint Eastwood asked in the famous Dirty Harry movie: "How lucky are you feeling today?" You'll need a lot of that, plus a lot of cash if you go up against AT&T. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/22/10, 6:07 pm


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