Legal Question in Technology Law in Tennessee

I need to know the legality of a website not created yet.

I want to start a website where I would ask people to e-mail me if they would like to purchase, for $5.00, a list of URLs I have gleaned from various search engines that pinpoint a particular interest they have (which I won't get into). I feel it is ethical, as I have spent countless hours finding these sites, but is it legal to ask for money basically for a list of hyperlinks?

Thanks.


Asked on 4/05/00, 1:32 pm

3 Answers from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: I need to know the legality of a website not created yet.

I think that you should adhere to more traditional methods of advertising through the website and making the content available for everyone. Compilations are seldomly protected by copyright law. Case law on the subject is very confusing. The originality criteria for compilations is actually very high and actual protection has been given to the publication per se (e.g. the website) and not to the content, which in this case is what you intent selling. However, hiperlinking to websites has become an accepted practice. Selling the list of hiperlinks should not violate copyrights.

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Answered on 4/20/00, 1:20 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: I need to know the legality of a website not created yet.

Yes it is. As long as you're not violating anyone's copyright this is totally legal.

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Answered on 4/19/00, 6:05 am
Bruce W. McCullough Bodell, Bove', Grace & Van Horn. P.C.

Re: I need to know the legality of a website not created yet.

Without regard to the content of the websites, which you do not mention, I do not see any problem with what you want to do. You propose letting interested people contact you, not spamming them, and then offering them the opportunity to purchase the fruits of your labor (compiling the URLs). Make certain you do not violate copyright law by copying the contents of the websites to which you are providing the links.

You may want to consider obtaining copyright protection for your website so no one can get away with stealing your content.

This is general information for discussion purposes. We would need to have an attorney-client relationship for me to give legal advice.

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Answered on 4/19/00, 1:20 pm


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