Public Forum Quotes

[bonneville]

Our website has received some very nice compliments and reviews in several public online forums and newsgroups.

Can we use these comments as testimonial quotes in marketing materials and press releases without first requesting permission from the authors?

We'd like to include the full name and affilliation (if any) of the author. We noticed that may testimonials only use initials and location (city, state, etc). Is there a reason for this?

We certainly don't want to offend or upset anybody, we're just unclear on the proper etiquette or any legal issues.

Many thanks.
bonneville

 

[Michael Wechsler]

Very good question. In rereading it I noticed that you are referring to the Usenet Newsgroups which deal with public comments that are not "owned" by one group. You could likely use the comments in the manner intended but note if the poster attached any additional language in his/her comment.

Most use initials only in order to avoid issues concerning any kind of (1) potential privacy right (2) endorsement issue concerning the author. Using intials wouls seem to practically insulate you from dealing with the aforementioned.

With regard to web sites, you will need to look at the terms of service of that site in order to determine the extent to which you will have trouble. Could you state that someone said "it's the best product I've used so far!" without cause for trouble? It's likely you won't have a problem unless you need to attribute the comment to a particular site or company. You will need to ensure that it does not sound like an endorsement of your product from that company.

I'm not stating that you are in legal hot water -- there are several cases that deal with this issue whereby the Consumer's Union (Consumer Reports) attempted to limit the use of the same you are describing from one of their reviews (e.g. "CU says it's a "best buy"") and lost. So there is precedent, but don't rely on this. The cost to you from potential problems might not be worth it. Keep perspective.