Permission needed? contents of ebook/book covering particular products/services.

[dennisloh]

HI,

I would like to write an ebook/book. It'll teach the readers about the method of using a particular software or promote/recommend a few products and services to the readers which I think they are good in quality. Do I need to gain permission from these companies before writing something about them in my ebook/book?

The ebook/book will be my original work (100%). I will not copy from elsewhere. In addition, I am not a distributor or seller of any of these companies.

Do I need any permission to include a few pictures of their products and services in my ebook?

Thank you!

 

[Michael Wechsler]

This is a common and difficult question to answer with a 100% guarantee. I'll say this much - I don't believe that taking a few screen shots of a product for recommendations of different products available on the market or for a review is - or rather should constitute - copyright infringement and it should also easily fall under the fair use exception. Does it? Hard to say. There are different opinions on the matter:

http://www.chillingeffects.org/copyright/faq.cgi#QID809

Here is a policy from Microsoft regarding copyright, that would cover screen shots, and what it believes its ownership rights to be

http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Permissions/Default.aspx#E3C

Some excerpts, to give you an idea:

Screen Shots

You may not use screen shots of Microsoft product boot-up screens, opening screens, "splash screens," or screens from beta release products or other products that have not been commercially released. You may use other screen shots in advertising, in documentation (including educational brochures), in tutorial books, in videotapes, or on Web sites, provided that, in addition to the requirements above, you:

Do not alter the screen shot except to resize it.

Do not use portions of screen shots.

Do not include screen shots in your product user interface.

Do not use screen shots that contain third-party content.

Do not use screen shots that contain an image of an identifiable individual.

Box Shots

Microsoft product box shots are complete images of Microsoft product boxes. You may not use Microsoft box shots on third-party software packaging. You may use box shots in advertising, in documentation (including educational brochures), in tutorial books, in videotapes, or on Web sites, provided that, in addition to the requirements above, you:

Do not alter the box shot except to resize the entire box shot.

Do not use any images contained with the box shot (for example, graphics, artwork, or trade dress) independently of the entire box shot.

Present your company name and logo, product, and/or graphics significantly larger or more prominently than the box shot.