Legal.Q: Is my association's membership directory and mailing list An automated e-mail system on the Internet, which is maintained by subject matter. There are thousands of such lists that reach millions of individuals and businesses. New users generally subscribe by sending an e-mail with the word "subscribe" in it and subsequently receive all new protected by copyright? If not, what can we do to prevent suppliers and others from copying and using our members' names and addresses? A: While the association membership directory may, as a whole, be protected by copyright, the alphabetical listing of members - containing names, addresses, telephone and fax numbers, and possibly e-mail addresses See Internet address. e-mail address - electronic mail address - generally is not protected. Copyrights only protect original expressions of ideas, not the underlying facts or data. Unless the information is organized and set forth in an original, creative manner, copyright does not prohibit someone from using the data without payment to the association. However, there is a simple and cost-effective way to provide the desired protection for this valuable intellectual property. Through what is essentially a contract, the association can place strict limitations and preconditions on the use of information contained in its directory. Borrowing a page from the software industry, the most practical way to effect the limitations is through a "shrink-wrap license." This is where the directory is wrapped in plastic and a label is affixed af·fix tr.v. af·fixed, af·fix·ing, af·fix·es 1. To secure to something; attach: affix a label to a package. 2. to the front stating that opening the plastic and using the directory represents the user's agreement to the terms of the "license" set forth on the label. Such terms may include provisions limiting use to personal reference only and prohibiting distribution, resale, copying, and use as a mailing list. This license also provides a vehicle through which the association can disclaim dis·claim v. dis·claimed, dis·claim·ing, dis·claims v.tr. 1. To deny or renounce any claim to or connection with; disown. 2. To deny the validity of; repudiate. 3. any implied endorsements or guarantees of the association's members merely from their presence in the directory. Such a disclaimer can be useful in helping to limit the association's potential liability in the event that a consumer who locates a member through use of the directory is injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. by that member's product or service. An appropriately modified version of the license also should be used in conjunction with any online or CD-ROM CD-ROM: see compact disc. CD-ROM in full compact disc read-only memory Type of computer storage medium that is read optically (e.g., by a laser). version of the directory and with all rentals of the association's membership mailing list. Finally, despite the lack of copyright protection for alphabetical listings contained within membership directories, it still is prudent to place a copyright notice on the directory's cover or title page for deterrence deterrence Military strategy whereby one power uses the threat of reprisal to preclude an attack from an adversary. The term largely refers to the basic strategy of the nuclear powers and the major alliance systems. purposes. Submitted by Jeffrey S. Tenenbaum of Venable, Baetjer, Howard & Civiletti, LLP LLP - Lower Layer Protocol , Washington, D.C. The "Legal" item is not intended as legal advice but rather as a general educational overview. |
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