Can I copy a list of name found on other website?

8 views 6 answers
I am in the sports cards market. I need to build a list of all years, products, card numbers and player name. Can I copy list that I found on the web to create my own list? The information copied are facts and not creative work in my opinion. What are the rules for list. This is the same as copying a list of all the movie years and title that goes on the market is this legal? Or this is the same as copying the list of all years, brand, model of cars on the market. Copying list to build my own is legal? Thanks

Attorney Answers

6
Ira W DavidIntellectual Property Law AttorneyLas Vegas, NV ·
The information, i.e. facts, you find are not subject to copyright. The list itself, with format, design, and whatever, might be. If you were to take the information and create your own list, this has generally been found to be allowed, but I would strongly recommend you at least have an IP attorney review this list to ensure that you are not including something which is protected, such as logos or designs, trademarks, etc.
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Jay White ·
It is not guaranteed, but it is likely that you are free to use the information. In the U.S. we do not have sui generis rights that would offer intellectual property protection from the sweat of the brow required to compile the data. There may be a copyright on the orientation of items, but it is unlikely as standard forms and menus are not protectable. If you just use the information and do not use the art, you are probably okay. Also, if you want to hedge your bets, you can rearrange the columns in a different order in order that you are not literally copying the format and layout of a page. It is unlikely there are any rights of action against you for it. It is always a good idea to contact an attorney.
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Robert Cogan ·
Make sure you give your IP attorney ALL facts that apply to your situation. Are you providing a checklist or and ordering form or some sort of display? Are you publishing a book or creating an interactive website? Where are you collecting your information? Will you step on the toes of major players such as Topps or Upper Deck? The line between permissible copying of information and impermissible copying of original elements can get blurry. It may be unwise to assume that you have completely explained your situation. It is generally prudent to double check all details.
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Frank Natoli ·
As noted, no one can lay claim to factual data and stats. But many web platforms are governed by terms and conditions of use for that site. These terms may very well prohibit the scraping of data. Now, even if that were the case your exposure is not of course very low because how is anyone to know that the info you publish came from heir platform right? Of course, if that were pretty obvious like in cases were on just copies and pastes entire pages making it clear then I suspect it could be a bigger issue. If you need further clarification,. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC
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Alan Sack ·
Copying, usually leads to liability. Although the underlying information is not protected the compilation of data, form and arrangement may be. You should consult an experienced copyright counsel to advise you on your project and provide you with guidelines on what you may or may not do. My advice, do the research, but don't copy.
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Maurice Ross ·
Copyright law does not protect facts. However, copyright law does protect compilations of facts----the protection covers the organization or format of the presentation, not the individual facts themselves. Compilations of information concerning sports cards are protected by copyright law. It is not appropriate to merely copy someone else's list---especially if you intend to publish or distribute that list to others. It is, of course, legal to build your own list. And you can use the factual information that you can derive from compilations prepared by others. What you can't do, however, is simply copy someone else's compilation and republish it as your own list. An example relevant to the world of sports may be helpful. Individual statistics found in a baseball box score are not protected by copyright. A player's batting average is a fact and anyone is free to publish that fact. However, the format of a box score can be protected by copyright. Thus, the format seen in USA Today differs form formats seen on MLB.com or the New York Daily News. The publishers of the New York Daily News could not simply copy and republish the box scores as presented in USA Today. Rather, they must come up with their own original way to present the same data. You have the same challenge as you build your list.
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