Can a trade show producer copyright an email leads list? We are vendors who have paid to have a booth a local trade show in Dallas. Trade show attendees register using contact info (Name, Phone, Email, etc). The registration info is used to generate a leads lists that will be distributed 3-days later to the vendors by the show producer via email. Upon registration, attendees are informed that they will be contacted by vendors using the contact info they provided. The attendees are also given the options to opt out if do not want to be contacted. Upon distributing the leads list, the show producer states "the email list is copyrighted and can not be shared." Question: Can the show producer copyright an email list if they don't own nor created the email addresses? The email addresses were created and provided freely by the show attendees. Or what if I sell my business and I decide to sell the leads lists? Would there be a problem? While I don't wish to share the list directly. When I do send out email blasts to the show attendees, I do plan to promote other vendors inside the contents of the email. I know that will not be a problem as I am not directly sharing the list with any other individual or business. Thanks in advance!
This falls within the penumbra of Feist v. Rural Telephone. The principle articulated there is that facts are not subject to copyright protection, but the expression of facts can be. Quoting from the ruling, "no author may copyright his ideas or the facts he narrates...however, it is beyond dispute that compilations of facts are within the subject matter of copyright". The distinction between protected vs. not protected hinges on originality: "The sine qua non of copyright is originality. To qualify for copyright protection, a work must be original to the author". But it is not sufficient that the work is created by the "sweat of the brow" of an author: it must possess at least some minimal degree of creativity. Thus "[t]he writings which are to be protected are the fruits of intellectual labor, embodied in the form of books, prints, engravings, and the like". As a concrete example, the ruling states "Census-takers, for example, do not 'create' the population figures that emerge from their efforts; in a sense, they copy these figures from the world around them...Census data therefore do not trigger copyright because these data are not 'original' in the constitutional sense." But, compilations of facts can be protected: Factual compilations, on the other hand, may possess the requisite originality. The compilation author typically chooses which facts to include, in what order to place them, and how to arrange the collected data so that they may be used effectively by readers. These choices as to selection and arrangement, so long as they are made independently by the compiler and entail a minimal degree of creativity, are sufficiently original that Congress may protect such compilations through the copyright laws An email list requires nothing more than brow-sweat, and even then, not much. A cleverly annotated and arranged email list would involve substantial creativity and would be subject to protection. That does not mean that you didn't sign some agreement that prohibits you from copying or using the list, but it isn't a matter of copyright.
They are claiming copyright protection so you cannot copy it unless fair dealing exemptions apply. However, there is no copyright in facts - only in they way facts are presented. If you present them in a different way ...
All your work is yours. They've made it very clear it wasn't a work for hire, so it's yours. They can't copyright any of their ideas. You can't copyright an idea. Only specific creative elements authored by them and present in your work could be covered by copyright. You didn't use their block diagrams. I don't see how references to other sites to look at would constitute a creative element they authored. That said, you probably want to talk to a lawyer and get a written legal opinion that you can rely on.
Yes, you may The layout of the board and its appearance are not protected by copyright, because they are not expressions or any other type of copyrightable content. Even if they were (say if some protested art was displayed on the board) you are displaying this for instructional purposes, and not harming any market for the board, so fair use is likely to apply (in the U.S.). The device could be protected by patent, but you are not copying or imitating the board, nor showing anyone how to do so, so that would not apply. You are not selling or advertising the board, nor knock-offs of it, so trademark protection would not apply, even if a protected trademark is visible on th board. Just in case, be sure to make clear that your video is not authorized or endorsed by the maker of the board.
My remarks pertain only to US Law. Laws vary in other countries. Subject matter eligible for copyright protection in the US must be expressive and creative. To the extent data are merely measurements of observable fact in the world, they are not copyrightable. It may be that the presentation or interpretation of data is eligible for copyright protection (for example, artwork used in charts, graphs, graphics, etc., that is expressive and creative), subject to various equitable use provisions (in particular Fair Use, which is still a legal grey area). The methods by which data are gathered can be considered IP, but is the domain of patents. Methods are not copyrightable (17 USC 102(b)).
This is known as "film novelization"(For example, the novelizations of the Star Wars movies are film novelizations, created under license), and is copyright infringement unless made under a license from the copyright holder. Specifically, you would be making a derivative work of the original, by changing the medium. One of the rights provided by copyright is the right to control the transference from one medium into another. This, in my (non-lawyer) opinion, is unlikely to be found as fair use. There are four test factors for determining fair use(source), decided on a case by case basis: Transformative Character of the Derivative Work: Unlikely to be found in your favor, as nothing is transformed ("I don't change anything, the name are the same, everything is the same, it's just a conversion to textual form"). Nature of the Original Work: A narrative entertainment film, thus unlikely to be found in your favor. Amount and Substantiality of the Portion Taken: You've taken all of it; not in your favor. Effect on the Potential Market: You are essentially providing a free version of what copyright holders can often charge for; negative effect on their potential market. Not in your favor.
The question of whether a person was acting on their own behalf or that of a company would generally be a question of fact, so if such a case came to court it would be for both sides to present evidence and argue for their interpretation of it. In most cases the context makes it clear. You mention having a company email domain and associated email signature; that is certainly good practice and would go a long way towards creating a presumption that you were acting for a company. Also signing yourself with your job title or role (e.g. "Joe Bloggs, Chief Bottlewasher") makes it clear that you are speaking in your role as an employee. The content of the communication also matters; if you use your company email address to order goods from a supplier that the company has used before then the recipient can reasonably assume that you are ordering on behalf of the company and a court is likely to agree. OTOH if you use the company address to send libellous emails then the recipient would have a much higher bar to claim that this was the company view rather than a personal one.
What licence should I display in the footer of my website? None unless you want people to copy and reuse the content. The content (except for mere facts) will be protected by copyright regardless. When you expect people to want to copy and reuse it, it makes sense to tell them in advance under what conditions they can do it (instead of being bothered by their questions). This is what displaying a licence is for. If you were a visual designer then a licence would make sense as visuals are likely to be wanted to be copied and used. But a CV, list of projects and comments from customers are probably not likely to be wanted for reuse and distribution, though it is ultimately for you to decide. If you think someone will want to copy and further distribute your content, you'll need to figure out under what conditions you want to allow it, and then search for a licence that fits. If none found, just create your own.