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Author Topic: Forum Copyright - RE: the forum itself  (Read 861 times)

Nat

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Forum Copyright - RE: the forum itself
« on: 02-28-10 at 12:26 pm »

My question pertains specifically to persons who wish to create a forum and how to avoid being sued/accused of copying or infringing upon another person's forum rights.

For example:

Person A created and owns an Antiques forum.  In this forum members discuss antiques and offer opinions as to authenticity, price, condition, etc of antiques.  Other non-antique related threads also exist for just general chat.  Call it The Antiques Forum

Person B wishes to create an Authenticity Forum.  In this forum members will discuss various items of which someone might be seeking opinions as to authenticity.  This forum might discuss designer items, computer hardware, ebay & online auctions, etc... any item which might require opinions as to authentication.... which could include also antiques.  Other non-related chat threads would exist for general member chat.

Both are "for profit" forums.

Obviously, both forums would contain some similar content in the fact that both would discuss antiques and authentication opinion of same.  Forums might even have very similar format if both used the same forum creation software.

My question is, in creation of a new forum, how does one avoid infringing upon the rights of an already existing "similar" forum??

Thanks in advance for any response.

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artchain

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Re: Forum Copyright - RE: the forum itself
« Reply #1 on: 03-01-10 at 07:02 pm »

Copyrights mean you can't copy.

If two people, or two groups of people, independently create similar content, it's not a problem.

People on Forum B may freely discuss the same topics.  They may even use similar words.  None of this constitutes a violation of copyright.

harrifol56fenced

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Re: Forum Copyright - RE: the forum itself
« Reply #2 on: 02-12-11 at 01:20 am »

I was looking for exactly this information and I found it here, all at once.I am thankful to you.

Kaitlin

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Re: Forum Copyright - RE: the forum itself
« Reply #3 on: 02-12-11 at 11:14 am »


My question is, in creation of a new forum, how does one avoid infringing upon the rights of an already existing "similar" forum?
 

I'll just add here that Artchain's comments abut the DCMA in the thread at http://www.intelproplaw.com/ip_forum/index.php/topic,16821.msg84547.html#msg84547 may also be relevant to your forum.  If you're hosting posts of others, you want to make sure you comply with laws that protect you from liability for their errors or misdeeds. 

If you haven't done so already, review the terms of use for other forums, to check that you've considered the sorts of issues that come up.  Would be a good idea to have your own terms of use reviewed by an attorney familiar with websites and copyrights before going forward. 

Also, remember that copyright isn't the only form of infringement to be concerned about in this new venture.  Trademark is also important.  Make sure you chose a forum name which isn't likely to cause your site to be confused with other forums.

« Last Edit: 02-13-11 at 07:46 pm by Kaitlin »
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
 



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