Legal Question in Technology Law in Washington

Menu copyright

I have an issue I hope you can shed some light on. I have started a website that posts restaurant menus online. So far restaurant owners have been very receptive of the idea, but I am concerned with the legality of posting copyrighted documents online. I have researched copyright laws, and it seems I am treading in a gray area. I am posting copyrighted information on my website, but I am not directly profiting from the content. My website does not take away from the copyright holders business, in fact it promotes it. My main question is what damages could I be held liable for if a restaurant decided to sue me? I thank you for your time.


Asked on 1/04/07, 1:38 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Menu copyright

You should always seek permission before posting a copy of a restaurant's menu, and should not post it if permission is denied. Not only a copyright issue, but one of trademark as well.

A less likely problem can arise if the restaurant menu was created by a third party and that party owns the work (and licensed it to the restaurant) -- your secondary use would then be outwith the scope of the license and could subject you to liability to the owner. This is far likelier to occur where the menu features artwork than if it is just plain (or stylized) text.

Best wishes,

LDWG

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Answered on 1/04/07, 2:54 pm


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