Legal Question in Technology Law in Vermont

Are products and prices copyright-able?

There are some well known websites that offer price comparison shopping. Some of these sites ''grab'' or gather product names and prices off from online catalogs and store them in databases for consumers to search. Sometimes this content is gathered on a daily basis to allow the most up-to-date information.

Are product names and prices copyright-able material -- especially when it comes from online catalogs?

It seems common practice to insert the typical copyright symbol and text at the bottom of every web page making it difficult to distinguish copyrighted material from public information and facts.

Any information would be greatly appreciated.


Asked on 9/23/02, 8:19 pm

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Are products and prices copyright-able?

There are a few cases that deal with so-called "deep linking" to commercial sites. The narrow answer to your question is that prices and names are not the subject of copyright -- facts are not copyrightable. Names are the province of trademark law, not copyright. Without knowing your purpose for your inquiry, it is difficult to guess what more I can tell you.

Best wishes,

LDWG

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Answered on 9/23/02, 8:26 pm
Michael Hermann Law Office of Michael Hermann

Re: Are products and prices copyright-able?

As Att. Graves said, facts are not copyrightable. There are cases pending involving a number of "intrusions" and "takings" on internet material/web sites/methodology. If the major portals had their way, all deep linking and searches would be banned (unless pre-licensed) therby emasculating the power of an internet search. The big battle over who will be the gate keepers and control aspects of the internet is yet to be fought. It weill take a concerted effort on the part of the "little people" to stave off multi-national corporate hegemony.

By the way, what is your issue? Do you run an auction site, or web sales site that is being 'tapped' repeatedly for data? What is your fact situation?

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Answered on 9/24/02, 12:59 pm


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