uk-netmarketing Archive (2011-2015)

[uk-netmarketing] legal advice please on use of logos and screenshots

[uk-netmarketing] legal advice please on use of logos and screenshots

Sue Fidler sue at suefidler.com
Tue Nov 15 07:35:16 GMT 2011


Given google now show screenshots it seems a bizarre position to take.. are
they going to try and stop all websites and search engines giving
screenshots of their site..



Best Regards



*Sue*



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*From:* uk-netmarketing-bounces at mm.chinwag.com [mailto:
uk-netmarketing-bounces at mm.chinwag.com] *On Behalf Of *Dimi Ironmonger
*Sent:* 14 November 2011 18:34
*To:* uk-netmarketing
*Subject:* Re: [uk-netmarketing] legal advice please on use of logos and
screenshots



Sounds like the lawyer isn't aware of the Web Archive/Wayback Machine
either...   (every re-iteration of their webpage, captured for all
eternity...!)



Can't actually add anything useful other than that though - sorry. :(



Dimi





On Mon, Nov 14, 2011 at 9:43 AM, Mark Johnson <me_mark_johnson at yahoo.co.uk>
wrote:

One for the legal eagles on NM please.



A client of mine runs a website which is a reviews directory of sites in a
market sector. As part of the reviews directory, which lists every single
site in the market (irrelevant of whether or not they are a client), the
directory listing uses screenshots from each site. It's similar to Rotten
Tomatoes.



One of these sites has had a falling out with a site who is an affiliate
client (they dont like the fact that people are posting negative reviews)
and has been told that they must remove the screenshots. They've received a
snotty letter from the lawyers stating;



*".. you have no right or license to reproduce these screenshots"*



They also go on to state that my client may only use the site name *'in
accordance with honest practises in industrial and commercial matters'* but
that the sites review system is '....*significantly misleading and in
contrary to the provisions of the Business Protection from Misleading
Marketing Regulations 2008'.*


So, two questions I suppose;



1) Can my client continue to use a screenshot from the site?



2) Can they force my client to a) not use the site name and b) have to
amend the review system?



I think the client feels he's being bullied here when he's not really doing
anything wrong, just that the site doesnt like the bad reviews.



Thanks



Mark


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-- 
Dimi Ironmonger

Digital Studio Manager

Ogilvy Redworks London

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