Hi All, If I have a site similar to yelp (not a clone but a review site) and I copy the categories exactly as they have, is this infringement on their copyright? Can they legally copyright how the categories are arranged? Thanks
It is my belief that Yelp is entitled to a copyright for their catagory list. You could certainly make up your own list.
It is in the grey area in my opinion. Lists of dictionary words are generally considered not to be copywrited however I think that these areas are starting to be challenged given there is IP in things like lists of keywords.
Hi, thanks for the reply. How much of a grey area is it in? I did some more research and I found these from here: http://news.ycombinator.com/item?id=1294483 However, someone else mentions Yelp lists their categories by number of businesses in desc order (most top, least bottom). However, they could argue that how they have those categories arrange, e.g top cat -> sub cat -> sub cat can have copyright. Although, they are using dictionary words and they make the most sense. As in Shopping -> Arts & Crafts -> Cards & Stationery. How can they claim copyright as to the placement, surely these would belong to public works?
I am not a copyright atty, but in my honest opinion, I do not see how a company can claim copyright on any type of category list ie: Business, Arts & Crafts, etc...if this was the case, then no other site would be able to use these generic terms, so you copied their generic terms, so what?...there is nothing in the generic category names that would indicate they would own any type of copyright....but, if you use content from their site to create your own, then thats another story.... I can see it now... (them) "that site copied my category list" (Judge) You mean your category list of generic terms? (them) yea, so! (judge) did they copy any other content? (them) no, just the generic category list. (judge) get the #%^& out of my courtroom....
Hi, thanks for the reply... Lets nip this bit in the bud straight away. Well, the question was never about this and I never intend to use any content on their site. Yes that is what my understanding is on the generic terms, however the issue of contention is whether there is any copyright in the layout of those terms.
It is my belief they are not entitled to such copyright. There is not a modicum of creativity in the list and seems rather common place and obvious to me. It would have a double hurdle of proving a copyright and then infringement. On a practical level, I do not think there is a chance in hell someone would get sued for copying this list. Personally, I would not hesitate for a moment to use something like that.
Thanks, I think I might just end up getting legal advice on this issue. I don't want to launch my site and then get caught out. There's more to the list also: http://anonym.to/?http://www.yelp.co.uk/developers/documentation/category_list
Copyright protects interlectualy property and not exclusively "creativity". There may not be a lot of creativity that goes into something like a list but there can be a lot of thinking and testing etc.... For example, consider a list of business services.... it could contain Assistant or Secretary or just one given they are the same name for the same thing. Likewise you get Virtual Secretaries and Virtual Assistants, do you use these as new items or are they sub categories of the original? If they are a sub listing should you also have a main listing for Virtual Services? Given your wanting an expanding left hand navigation of categories plus the selected's sub categories you dont want a page that is 500 items long. Certainly for companies that are strongly looking at their navigation and SEO, lists are heavily researched and frequently monitored.... if the trend for search is going from secretary to assistant you may want to rename but you don't want every tiny competitors to just steal your work & knowledge.
The law, and I say otherwise. The criteria I mentioned come directly from the relevant court opinions regarding the protecting of lists. It is my opinion that a list such as this would be afforded scant protection, if any at all.
Just found this from another source: http://smallbusiness.findlaw.com/co...Copyright&HBX_PK=who+owns+copyright&HBX_OU=50 My only question then becomes, what happens if I start with an original list and because of popularity when I change it, infringes on theirs?
I came across this today: http://inventors.about.com/od/copyrights101basicsfaq/f/copyright_no.htm and also this: http://www.masters.edu/DeptPageNew.asp?PageID=1736 The picture that I am getting and IANAL (obviously)... is that no copyright can be made towards the terms that anyone uses for a category. However, any arragement no matter how it is, can be given a copyright because of the uniqueness of it. But then my argument is, if that list is generic, then how can it be given copyright? For example, if I have: > Auto --> Cars --> Trucks --> Vans If have this on my site, am I now the only one who can do so? Now the only way I can see of side stepping the issue and claiming my own copyright, is that I have my OWN ARRANGEMENT of those same categories. The terms are generic, but my own arrangement or in this case the subject is unique.
Doing some more research, there is a case around the creation of football fixture lists. http://blogs.telegraph.co.uk/techno...otball-fixtures-deserve-copyright-protection/ http://www.out-law.com/page-11467 Writeup here: http://reaction.taylorwessing.com/r...D72B991C91907ABFDA9818CF5AE175767CEAC80BDF414 These 2 points are most helpful: The High Court ruled two weeks ago that football fixture lists can be covered by copyright. Mr Justice Floyd said: On the side where Yelp's or anyone elses categories fall. I would assume that if no complex work is involved in creating these lists (I would argue that there isn't). No copyright protection can be given. Yelp could argue that there is sufficient investment in creating their list, however I would argue that going around town with a clipboard and pen and asking people what should fall under "Local Services" and I would most likely get the same sort of categories from the general public. Comments most welcome in light of what I have posted.