Hello,
I want to develop a website that will aggregate career announcements from direct employers career pages (Not from job boards - like monster.com). It will be pretty much like indeed.com with the difference that we are going to re-post the entire job posting and not just a part of it. However, most websites include the specification Copyright. All Right Reserved and some include in “Terms of use” the specification that you may not copy or distribute any of their website content. I want to stress that when re-posting the job posting I clearly state the source of the job posting with a direct link to the page where the job posting originated. My website will drive traffic directly to the career section of the hiring company. Asking for the consent might prove difficult as long as my web
Hello,
I want to develop a website that will aggregate career announcements from direct employers career pages (Not from job boards - like monster.com). It will be pretty much like indeed.com with the difference that we are going to re-post the entire job posting and not just a part of it. However, most websites include the specification Copyright. All Right Reserved and some include in “Terms of use” the specification that you may not copy or distribute any of their website content. I want to stress that when re-posting the job posting I clearly state the source of the job posting with a direct link to the page where the job posting originated. My website will drive traffic directly to the career section of the hiring company. Asking for the consent might prove difficult as long as my website is newly born. How legal this activity would be and what conditions does it have to meet in order to be fully legal.
Kind regards,
Christian
[email protected]
Q: "How legal this activity would be and what conditions does it have to meet in order to be fully legal.?"
R: What you propose is NOT legal -- specifically, it violates copyright law and, for sites with terms of use that prohibit copying of their material, violates contract law and, perhaps, also violates one or more state and federal anti-hacking statutes. The ONLY way to lawfully proceed is by acquiring permission from the company's whose material you want to access, copy and publish.
I think you answered your own question in your explanation:
"However, most websites include the specification Copyright. All Right Reserved and some include in “Terms of use” the specification that you may not copy or distribute any of their website content."
You say you want to copy material in full that is not yours and is original to someone else and which bears a copyright notice and you want to do it without permission because getting permission might be difficult. And you wonder if that is legal? Let's change it slightly, you want to have all the money in your local bank that is not yours even though there are warnings against bank robbery, so you wonder if it's okay to rob the bank because getting permission to steal the money might prove difficult. That should help you understand how ridiculous your excuse for copyright infringement would be.
Also, you need to consider many other things when starting up a website. See the following legal guide for some help. http://www.attorneyqna.com/legal-guides/ugc/checklist-for-starting-a-website, which states:
A helpful list of legal issues you need to consider in starting a website. This is not a recipe for avoiding a lawyer, if you use it that way you are making a BIG MISTAKE. The list should, instead, make you realize you must use an attorney and help you assure the attorney handles all the issues.
1
Intellectual Property Issues
1.1 Trademark or Servicemark -Services or products? Will the name help sales? Clearance search done? If not available, check with a TM attorney on options or pick another mark. Register? Where? When? What? How?Start with just common law rights (seldom smart.) 1.2 Tradename - Available? In the state where you will base your operation? 1.3 Domain Name – Use the TM/SM as domain?Availability search done? Register with host? 1.4 Copyright - Of Others - Images used? Stock? Original? Licensed? Registered? DMCA notice, procedure, software Of Yours – Registered? Images? Content? Notices? Copy-Protect? Embedded tracking? 1.5 Patent - Of others – right to use search? License? Of Yours – patentability search, costs to patent, timing (need for speed), choice of attorney
2
Busines entity
2.1 C corp, S Corp, Non-Profit, LLC or a sole proprietorship? 2.2 State of choice – costs, benefits, risks
3
Basic Agreements
3.1 Terms of Service – Do it at the startA little work here brings big dividends in the future. 3.2 EULA - "browser wrap", "click wrap", “shrink wrap” - which do you need? 3.3 Vendor Agreements – web designer, host, credit, fulfillment, returns, royalties, etc. 3.4 Privacy Policy - Every e-commerce site needs a privacy policy, especially medical information sites, lead generation sites, investigative sites, etc. 3.5 DMCA policy - Do you need?
4
Accounting
4.1 Quicken? 4.2 QuickBooks? 4.3 TurboTax? Or, 4.4 Do you have a good accountant's advice? 4.5 Taxes - Do you need and have an EIN? You can get that for free.
5
What Registrar & Host – GoDaddy? Bluehost?
5.1. Services offered - This sets the standard currently http://web-hosting-review.toptenreviews.com/justhost-review.html, and this one is currently the most popular http://www.godaddy.com/hosting/web-hosting.aspx?ci=76393 5.2. Price - The prices are so cheap they are almost not an issue. How long are you locked into a set price? Is it just a promo price? Volume discounts? Different prices for different packages so you can fit your needs? 3. Reliability - What is their uptime percentage - should be 99% or more. 4. Experience - How long have they been around? 5. Read the reviews http://web-hosting-review.toptenreviews.com/index.html
6
Blog
6.1 Will you have one? WordPress? Blogger? 6.2 What terms? 6.3 Who sets it up? 6.4 Who maintains it? Who updates it? Who monitors it? 6.5 Who can comment on your behalf? 6.6 How often is it checked and by whom? 6.7 Google Ranking/SEO – How & who?
7
Other miscellaneous items
7.1 Insurance – Do you have any? General, specific, cost? 7.2 Records Retention & Backup – What sort do you have? 7.3 What Registrar & Host – GoDaddy? Bluehost? 7.4 Bandwidth – what do you need 7.5 Shopping Cart – which service? will you manage? will you automate it? 7.6 Google Ranking/SEO – How & who?
Are You Planning on Opening a New E-Commerce Website?
There is much you need to know as you begin your new business. I suggest you do not attempt to write your own legal policies. This is not where your training and background lie, and though you are probably as smart as an attorney, you do not have their experience.
Below is a checklist for legal issues I use for new e-commerce clients.
1. Business entity - Are you going to be a C corp, an LLC or a sole proprietorship?
2. Terms of Service - This is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future.
3. Privacy Policy - Every e-commerce site needs a privacy policy!
4. FTC guidlines - The FTC has been regulating business advertising for almost a century. All of their advertising guidlines apply to e-commerce sites.
5. Domain Name issues? Is your name available. Can you create a Trademark?
6. Trademark - Do you have a brand name free from conflict? Should you start with just common law rights? Should you register the mark, and when?
7. Copyright - If it is on the web, it already belongs to somebody. Did you buy a license for the images you are using? Do you have a DMCA notice on your web site?
8. Do you need a DMCA policy?
9. Web Site security issues?
10. Do you need and have an EIN? You can get that for free.
11. Do you have employees? - If so you need written policies regarding their authority and use of the internet.
12. Do you know the difference between a "browser wrap" and a "click wrap" and which do you need?
When I discuss this list with clients other issues arise. Finally, I always discuss with my clients their need for good accounting services. An accountant's advice as you start up can save you many dollars in tax that you might not save if you wait to speak to an accountant until your first tax return is due.
I hope this list will give you pause to think about those issues for which you might need to seek professional advice.
You may want to discuss your situation with a lawyer in more detail. Most lawyers on , including myself, offer a free phone consultation.
__________________
Andrew M. Jaffe
Attorney at Law
Practice Limited to E-Commerce and Internet Law
[email protected]
330-666-5026 www.netlaws.us