Copyright Questions?

[TravH]

Hello,

I am currently in the process of setting up my own Review based website, which will aim to look into Australian Restaurants, Products & Services, listing information about them and providing a central platform / portal where users will be able to submit reviews on these items.

One of the questions i am curious about is the issue of copyright, i really only intend of providing the platform and allowing users to enter information and reviews, however i am unsure of where i sit in terms of copyright. I was under the impression that information may be used under the scope of 'Fair Use' for criteques reviews and the likes? Am i correct in assuming this. Whilst i would like to not have to remove any information in terms of Copyright, i will be implementing a system to allow owners to contact us in regards to information that is up the infringes copyright and should be removed, however for the actual information that is up.... where do i sit legally in terms of Copyright?

Kind Regards - Trav.

 

[seniorjudge]

I suggest you contact an Australian lawyer.

 

[muggsyj]

This is not Legal Advice!

Hi Travh,

Although, it is nice to inform any company you would like to request they take part, you will still be naming companys and leave it open for abuse from rivals. I can't comment on the law and how it stands but i am sure you will find the information you require on this link. www.copyright.org.au

Good Luck

Mark.

 

[TravH]

An Answer.

Thanks for the prompt replies, i believe i found the answer under this paragraph:

Fair dealing for criticism or review
People can use copyright material for the purpose of criticism or review without infringing copyright, provided they
acknowledge the author and title of the work, and provided the dealing is "fair". The criticism or review may relate
to the work being used or to other material. For example, television film reviewers may show clips from other films
as well as the one they are reviewing, in making their criticism or review.
The Federal Court has stated that "criticism and review" involves making a judgment of the material concerned, or
of the underlying ideas. Criticism and review may be strongly expressed, and may be expressed humorously, and
need not be balanced. The defence can apply where the criticism or review takes place in a commercial context,
such as in published books or newspapers or on commercial television.
However, the Court emphasised that the purpose of criticism or review must be genuine. If the person has other
motives—especially if these motives involve using the material to make a profit, or using a competitor's material
to divert customers from the competitor—the fact that they have also engaged in a form of criticism or review is
not enough to prevent the use from infringing copyright.

Out of interest, the Business that runs the Site is Australian, however the server it is hosted on is in US, does that effect the legal position in any way, would that place it in US law, or still Aus, or both?

Kind Regards - TH

 

[muggsyj]

This is not legal Advice!

First of all "Your welcome"

Second your quote: "Out of interest, the Business that runs the Site is Australian, however the server it is hosted on is in US"

Wherever the business is conducted is where the law should apply but if the host fails to meet the criteria of the international law then there could be a problem.

This is only my opinion and should not be perceived as the law, doing your own homework is far more secure than another's opinion.

Good luck

Mark.