Legal Question in Intellectual Property in California

Microsoft and Google screen shot copyright rules

I want to write a time and email management book that will be based on learning how to use Microsoft Outlook and Google's Gmail effectively. It will be an instructional book. I will sell the book for profit.

It seems from both Microsoft and Google's copyright webpages that use of their unaltered screen shots in my book for instructional purposes is allowed, but I wanted to make sure that I can include them in a book to sell FOR PROFIT (this is why I am unsure).

Google states in their ''permissions'' page : ''The one instance when you don't need to ask our permission is when you want to use a standard, unaltered Google screenshot in a print (book, magazine, journal, newspaper) or electronic (web page, DVD, CD) format for an instructive or illustrative purpose. ''

Microsoft states:

''you may use screen shots in advertising, in documentation (including educational brochures), in tutorial books, in videotapes, or on Web sites, provided you adhere to the following guidelines:'' (I will be following all of the guidelines)

If either of these excerpts are not enough, feel free to Google ''Google (Microsoft) Permissions'' and the page I am referring to is the first hit. Lawguru is not allowing me to post urls.


Asked on 6/20/07, 12:08 am

2 Answers from Attorneys

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

Re: Microsoft and Google screen shot copyright rules

Instructional and educational purposes refers to use in the classroom or similar contexts, and does not include republishing in a for-profit text that will then, in turn, be used (perhaps) for classroom or similar purposes. You need either to make your own original screen shots or, safer yet, get explicit permission based upon your exact purpose. It may not be all that difficult and it's a lot safer.

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Answered on 6/20/07, 12:27 am
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Microsoft and Google screen shot copyright rules

You would do better to simply contact these companies for a license, rather than trying to shoehorn your project into their stated 'exceptions'.

I can help negotiate such licenses (which may not cost anything). feel free to call my office for a consultation.

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Answered on 6/20/07, 1:19 am


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