Legal Question in International Law in California

I am in the process of setting up a neighborhood web site my site will look a lo

I am in the process of setting up a Neighborhood web site. The site provides the neighborhood with address book,clasified adds,homeowner association information, a message board picture gallery and other things that will be usefull to the neighborhood. There is only so much information that people would like to see in a site. There is a company that sells this kind of site. If I produce a web site that has a lot of the same information availiable am in indanger of copywight infringement


Asked on 6/21/02, 12:26 pm

3 Answers from Attorneys

Francis R 'Francois' Favre, Esq. The International Lawyer

Re: I am in the process of setting up a neighborhood web site my site will look

This has nothing to do with International law and I don't have an answer except that you cannot reproduce copyrighted material without the permission of the owner.

In any case if it is local concern you have also to follow local laws (CA) rather than International laws

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Answered on 6/22/02, 9:51 am
Jeff Lambert Attorney at Law

Re: I am in the process of setting up a neighborhood web site my site will look

Without access to all the facts, it is difficult to give you a completely accurate answer. Additionally, you reference "international law" and California law, so there may be some jurisdictional factors affecting the copyright law determination. However, given your statement that your site will look a lot like another site, you do run the danger of copyright infringement. The standard for U.S. copyright infringement, stated very generally, is determined as follows:

1) Is the other owner's work an original work entitled to copyright protection?

2) If so, you are infringing if your work is "substantially similar" to the first owner's copyrighted work.

Feel free to contact me if you would like to discuss your actual facts to determine a more definitive answer for your particular situation.

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Answered on 6/21/02, 1:07 pm

Re: I am in the process of setting up a neighborhood web site my site will look

Copyright protects EXPRESSIONS of ideas, not the ideas or facts themselves. However, you need to give an attorney more details before he can advise you. So it depends how closely you copy the TEXT, ARTWORK and other expressions on the website.

D. Alexander Floum is an experienced intellectual property attorney and a professor of intellectual property law.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 6/21/02, 2:57 pm


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