Using Product Descriptions and Images from Other Websites

[urfinnjuice]

I have built a website that provides users with information on new products available on various retail websites. To do this effectively that I am using their product descriptions and images. In addition to featuring these products on my website, I also provide a link to the retail sites which sell these goods and from which I've borrowed my product descriptions. I don't sell any of these goods, just let my users know where they can be bought. I know I am providing a (free) service to these retailers by driving traffic to their products, but should I be worried about legal consequences of using their description without explicit permission? My requests to use their language and images were largely ignored.

 

[Michael Wechsler]

This is a tough question to answer. Technically it would be copyright infringement to use someone else's images and other IP without their permission. It doesn't matter whether you intend to sell their products - you can take your own pictures and use them. However, there are all sorts of things that occur on the Internet that cause a big "gray area" between actual infringement and practical application and prosecution. I don't know why you are driving traffic to their websites for free (I am guessing you are being compensated in some fashion) and while it could be infringement, I've never heard of any manufacturer complain, except in the car industry and Ford. In fact, even taking your own pictures might get you in trouble (although the case wasn't decided whether or not there was actually infringement.)

http://www.adrants.com/2008/01/ford-slaps-brand-enthusiasts-returns.php

For the most part, these companies could care less and don't want to be bothered by small deals like yours that time time and have negligible effect. I don't know what you are trying to do but, if it's harmless, the worst I've seen is a cease and desist letter and/or takedown notice with no further actions taken if you comply. This is NOT an endorsement of what you're doing - I don't fully know - and it is more of a risk assessment done whether or not someone will actually go the time to sue you for something that might result in pecuniary harm, at best.

Ford's position on this is as follows:

"Ford cares because it is important that Ford be able to exercise control over the quality of the product or service bearing Ford's trademarks."

"To protect the value of its trademarks, Ford is obligated to object to and pursue unauthorized uses of its trademarks and trade dress, even if the use of the trademark or trade dress does not appear offensive or objectionable."