Legal Question in Intellectual Property in Tennessee

Internet Business Contract Question

Our company has a website that lists real estate auctions for auctioneers in our area. We ran across the Terms & Conditions page on another site that lists real estate foreclosures. The items covered in their document are almost identical to what we need for our business, and we wondered if it is illegal to modify their contract to fit our business and use it on our own site? Most of the terms involve not being liable to site visitors for incorrect information, real estate professionals maintaining responsibility for compliance with RESPA and the rules of their licensing bodies, and covers payment and refund terms.

Any advice about contract copyright rules related to internet businesses is much appreciated!


Asked on 9/09/07, 8:19 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Internet Business Contract Question

Taking someone else's TOS is a copyright violation and you "changing" it to fit your site risks getting a TOS that doesn't properly fit your needs or the law that governs your site. I draft a lot of these agreements and these are serious concerns, especially if the other site has filed for copyright protection.

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Answered on 9/09/07, 8:33 pm
Nancy Delain Delain Law Office, PLLC

Re: Internet Business Contract Question

Mr. Nance is correct: taking someone else's contract is a violation of copyright. Modifying their Terms of Service (TOS) is creating a derivative work, which is also copyright violation.

You need to hire your own lawyer to draft your own TOS for your own website. I draft lots of TOS and would be happy to help you out if you wish. You can contact my office to schedule a consultation.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 9/09/07, 9:50 pm


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