Legal Question in Intellectual Property in California

Screenshots

I am planning a membership web site that will educate web owners to look at their marketing efforts and web site design from their customer's perspective.

I want to use screen shots of existing random web sites to show examples of good and poor design, again from the customer's point of view. There will be no discussion of the web site's products or services. I would use these screen shots on my web site, in videos, blogs & podcast.

I see such screen shots in books all of the time.

Do I run into liability issues by doing this? If so, how might I go about doing this?

Thank you.


Asked on 11/23/07, 11:29 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Screenshots

What you are proposing to do does not seem to violate copyright, trademark or even defamation laws in any way that would subject you to significant damages, and probably doesn't offend privacy rights either. That doesn't mean you won't be sued and have to defend at some time and expense; it only means you'd seem to have a good chance of winning.

If you were my client, I'd ask for a few more facts, then probably tell you to go ahead, but then keep close tabs on what you were doing. I'd also recommend you incorporate the activity or put it in an LLC and carry insurance.

In short, there is some risk but it does seem to be manageable if you want to be in this business.

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Answered on 11/24/07, 1:02 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Screenshots

I have to respectfully disagree with Mr. Whipple... I think a screenshot is a wholesale copying of a web-page, so it needs to either be done with permission, or with some other legal basis.

Webpagesthatsuck.com merely LINKS to the pages in question.

Also, if the pages in question feature trademarks, they MIGHT be infringed or diluted by your actions.

You might argue that your use of the images of other sites is a "fair use", but this analysis will depend on how much you're copying, for what purpose, and how it will effect the market for the other site.

I'd strongly recommend consulting one of us to look at this more closely and give you custom tailored advice after review of the specifics.

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Answered on 11/24/07, 1:40 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Screenshots

You could take a look at http://www.webpagesthatsuck.com and ask your question to the proprietor of that site.

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Answered on 11/24/07, 12:55 am


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