uk-netmarketing Archive (2011-2015)

Mark, they are talking rubbish, IMO. 

 

If you were taking their artwork and using it as a premise to build your
business, they might have a case, but considering their screenshots are used
with many others as a way of reviewing their product, and it is clearly
credited as theirs by way of presentation, you are not breaching any
copyright law. They could argue, of course, that you are and they might win
but that would take a lot of money and a naïve or a friendly judge who
doesn’t accept how ridiculous a case it is.

 

The bigger question for you, I guess, is whether you would want to have them
on your site at all. If they are being so difficult, why not delete them and
starve them of links and publicity at all? 

 

Steve Masters

www.dotponto.com/blog

 

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

dimi.ironmonger at ogilvy.com

 

 

 
 
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