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  1. #1
    wildwood is offline Junior Member
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    copyright question

    I am working on developing an online golf course directory and plotting golf course locations on a Google map interface. This directory would be similar to the many directories already out there but with some unique features.
    Is it legal for me to use other directories, either online or printed, as a guidline for the content on my website?
    For example, I would be using course name, address, phone number, location cordinates, and possibly other information from existing directories and putting it on my website.
    Am I infringing on copyright laws?
    I am located in Canada, therefore information pertaining to Canadian law would be most helpful

    Thank you

  2. #2
    Encrypted's Avatar
    Encrypted is offline Moderator
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    I think you should be safe. I'm not sure why any golf course would try to sue you over posting directions to get to their golf course anyway.
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  3. #3
    akula's Avatar
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    Quote Originally Posted by wildwood View Post
    I am working on developing an online golf course directory and plotting golf course locations on a Google map interface. This directory would be similar to the many directories already out there but with some unique features.
    Is it legal for me to use other directories, either online or printed, as a guidline for the content on my website?
    For example, I would be using course name, address, phone number, location cordinates, and possibly other information from existing directories and putting it on my website.
    Am I infringing on copyright laws?
    I am located in Canada, therefore information pertaining to Canadian law would be most helpful

    Thank you
    it's a very good, complicated question..

    in australia, yes, you would be infringing the directory's copyright
    this is because of a decision in http://en.wikipedia.org/wiki/Telstra...keting_Systems ..which found that yellow pages in australia was "original" enough to be more than a listing of publicly available info..and thus if you copy parts of yellow pages in australia, you infringe their copyright

    this can be compared to the the position in u.s. and canada which is the opposite of australia. specifically, in http://en.wikipedia.org/wiki/Feist_P...ephone_Service the court held that information in phone directories is not copyrightable and can be ripped off

    in canada, the position is described in http://en.wikipedia.org/wiki/CCH_Can...f_Upper_Canada which holds that you can still rip off the directory provided that what you do is "fair"
    Last edited by akula; 12-11-2009 at 12:34 AM.

  4. #4
    wildwood is offline Junior Member
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    Quote Originally Posted by Encrypted View Post
    I think you should be safe. I'm not sure why any golf course would try to sue you over posting directions to get to their golf course anyway.
    Sorry for not clarifying my question
    I am not concerned about getting sued by the golf course, my concern is being sued by the owner or publisher of a directory who may feel I have used their information, as they may feel I was giving them competition

  5. #5
    Encrypted's Avatar
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    Quote Originally Posted by wildwood View Post
    Sorry for not clarifying my question
    I am not concerned about getting sued by the golf course, my concern is being sued by the owner or publisher of a directory who may feel I have used their information, as they may feel I was giving them competition
    Oh sorry, i thought you meant taking the directions off of the golf course site. In that case, I'd say that would definitely infringe on copyright laws.
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  6. #6
    akula's Avatar
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    Quote Originally Posted by Encrypted View Post
    I'd say that would definitely infringe on copyright laws.
    no he wouldn't sighh

  7. #7
    Encrypted's Avatar
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    Quote Originally Posted by akula View Post
    no he wouldn't sighh
    You're saying if he copied info off an online directory, word for word, it's not copyright infringement? I'm talking company description and the whole lot of info, not just an address and a phone number. What you listed in your post was about a phone directory, which hardly lists any information at all and is notable different because it's a printed source. I guess it really depends on what you're taking from the directory and how original the content is. I can't see how something like this wouldn't be copyright infringement...
    http://www.golflink.com/golf-courses...?course=978245
    The 18-hole "Franklin D. Roosevelt" course at the Franklin D. Roosevelt Golf Club facility in Philadelphia, Pennsylvania features 6,002 yards of golf from the longest tees for a par of 69 . The course rating is 68.7 and it has a slope rating of 113 on Rye grass. Franklin D. Roosevelt golf course opened in 1936. Billy Casper Golf manages this facility, with Jordan Northrop as the General Manager.
    Take notice how every course description on that site has an identical format.
    Last edited by Encrypted; 12-11-2009 at 02:59 AM.
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  8. #8
    akula's Avatar
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    mehh just look at CCH Canadian Ltd. v. Law Society of Upper Canada it's self explanatory..who cares

  9. #9
    wildwood is offline Junior Member
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    What I would be taking from existing directories is name, address,phone #, and using GPS cordinates to plot on a map.

  10. #10
    cg410 is offline Member
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    The idea behind any of the case law discussed is whether or not information that's public and assembled by others is copyrightable. That point is moot if you're going to also copy the descriptions written by others, which are not public domain and are certainly copyrighted.

    Bottom line: Basic public stats (name, address, phone number, etc.) not likely to get you sued because you could have got that info from anywhere. If you go further and take their creative work (even if done formulaically) you risk getting sued.

  11. #11
    wildwood is offline Junior Member
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    Thanks everyone for your help
    I was hoping someone with a Canadian perspective might be able to shed some more light on this subject

  12. #12
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    millerdesignstudios is offline Junior Member
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    Lightbulb

    I am not Canadian, but I have looked at the relevent copyright legal statutes.

    Okay so there are two parts to this question.

    Facts can not be copyrighted because of their very nature, but placement and design of facts can be.

    Just listing the name and phone number information that are "fact" are not copyrightable, but the description is because the "facts" are specifically written in a matter that the layout and design are present.

    Worse comes to worse, take the facts they present and rewrite them.
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