I have written a book in the health niche. I will be marketing it to the Clickbank Marketplace, and there are a lot of "cures" and "natural remedies" books there. I can't tell you what it's about, although there are a couple of others on the same topic. I have included the appropriate disclaimers in the book and on my sales page. In the book I provide information on vitamins, supplements, herbs, diet, and explain some medical details about the problem. Although I specify in great detail that it should not be treated as medical advice and viewed as entertainment, if I mention supplements and herbs is any of this viewed as medical advice? It's not a fitness, weight loss or exercise book so this is why I'm concerned. I even took the time to repeat below each herb the people "who should not be taking them" and that they should talk with their doctor first. I am not a doctor nor health care professional. I have seen SO many ebooks that do just the same thing, but I want to be careful. I really believe in my product, and worked very hard on it, and I believe it will help people. I did not write it to make a quick buck. Please help - what do you think?
You could easily be sued for what is sounds like you want to do. Saying the advice you are offering is for "entertainment purposes" sounds like a joke of a legal defense and would not be worth anything. If you are offering advice on medical issues (whether you call it advice or not) and you have no medical or health background, then your ebook is likely shit and you are likely giving bad advice. Scamming people looking for help is not a good way to make a living.
sorry, browntown, but your answer makes me laugh. first of all, nobody would spend money suing an ebook owner, it's just not worth the cause. secondly, since when you have to have any background to write about any topic? you can be a grave digger abd write about economy and physics, there's nothing stopping you
First of all, it's not a stupid question, and second of all - I take offense to the notion that you can't write about something that you have had an experience with, have spent many years researching, talking to professionals, etc. I really take strong offense to being labeled by someone who does not a) know me b) has seen my product c) even know what it's about That's essentially trolling. I wouldn't have even bothered writing a guide if I didn't believe in it, and am a perfectionist for details, and I've seen a lot of junk out there and putting money and not people first = scamming. I am not in that business, and if I didn't think that I was capable of writing about such a subject matter - I wouldn't have, and considering that there is so little information on this topic, I think it could be a great contribution for people who need answers. Also, there is no reason that someone can't be sued for an eBook.
There are two likely ways someone writing a health/medical ebook would be sued. First, would be by the FTC for misleading statements. Second, would be someone who was injured following bad advice. Since their lawyer would likely sue anyone who had anything to do with it, from the supplement maker, to the supplement seller, to clickbank and even possibly the ebook author. Once you are already suing, it is not very difficult or costly to add additional parties. Would somebody just sue because the book or advice was bad, no, probably not. But to suggest that he would never get sued it just wrong. You can of course write whatever you want. It is the selling of it, depending on how that is done, that could cause someone to run afoul of the law. You may not misrepresent yourself or the facts in your writing. Here, all he said so far was: and then he followed that up with: And so I think he, based on the little bit he shared, could certainly be subjecting himself to liability. I am not suggesting your book is a fraud or that you are scamming anyone. I am suggesting that based on your description in the first post, that you are potentially exposing yourself to liability if you have no health/medical background and are yet trying to tell people who should or should not take certain supplements or other medical advice. I was also trying to tell you that your disclaimer, that it is only for entertainment, certainly does not protect you and does make it sound like a scam sale to me.
let me rephrase that: nobody would be stupid enough, to sue anyone over an advice they saw in an ebook. especially if the author is not an US citizen
Thank you browntwn. Sorry about the previous harsh words, but your second answer was very productive and helped me out a lot. You hit the nail on the head with everything that I was concerned about. I am definitely interested in complying with FTC regulations, and the thought did occur to me that if someone were to use the information and become ill somehow, even if it weren't related to any wrong doings from my book, that I could still be held liable. The FTC says to "back up everything with scientific proof, and that news paper articles, and simple quotes from other articles will not do". I have advised where appropriate under certain herbs that they are "not to be taken if you suffer from diabetes, a heart condition or are pregnant" where necessary. There are several books on this topic, and mine contains some similar information, so I know that I am of course on the right track. On the sales letter I even go out of my way to state that "I cannot guarantee that I can treat **** nor would I ever make that claim, because it is believed that there is no specific cure for *****". Basically the people in this crowd are looking for some relief, an improved health style where they can at least feel good while they have this condition and potentially treat it. Many are well aware that treatment is "not hopeful" and many doctors have probably never even heard of the condition. However, natural medicine has shown a lot of hope, including for people in my own family. So I write from experience and the feedback from other sufferers. My sales letter is in no way going to by hypey, because I don't believe in that anyway. However, I have spent a full year putting this product together and am very passionate about it. I really don't want to just throw it out the door. Perhaps there is a way that I can get "the right people" to comb over all of it. My frustration is that resources like the FTC are more geared towards helping consumers go on a witch hunt, and not helping business owners avoid being taken advantage of also. I wish that there were representatives that you could speak with who could review future projects.
You are obviously not very familiar with the US legal system. (Are you from the US? Sounds funny to hear someone say "an US citizen".) The main thing I think you have to worry about is how others who try to sell your ebook tout it and make claims. They end up being your spokesperson and you need to be wary of the claims they make. It is unlikely you would be sued by an individual or the FTC, but you nonetheless want to try and keep your claims to those that are factual and justifiable and not make or allow others to make outrageous claims on your behalf.
Again, thank you - you gave me something else to think about. My girlfriend was trying to tell me that "it's only a book, and not something that people have to take or physically use and information shouldn't be a problem" and I simply said "darling, a product is a product". It's my responsibility, and I want to do right by others. I want to help people, not hurt them. I now realize that before I proceed any further, I need to make a list of what needs to be backed up, and then make absolute certain that I can with reliable sources.
if you do not copy from others works and wrote this book personally then yes u can sell this no problem
Of course you can sell your ebook. just be careful about the words of the disclaimer. if you have a friend that is a lawyer, I suggest you to ask him quickly.
Yes definitely..its your book and sell them in your fixed price. If you want to earn more, then do some marketing about your books and sell in respected counters.
If you are asking for legal advice on a forum (particularly one that is not dedicated to law), you should already know you are headed for trouble. The US government is going after more and more companies for making false claims. Some of them had disclaimers as well. A disclaimer (even if written well) does not always protect you. Do not listen to any of these people saying you can just do it. Certainly, you can just do it, but you will be the one facing any possible consequences. Remember, the people saying just do it know as little about your book as the person that said it was a ridiculous question. Also, don't rely on what you perceive to be the procedure in other books either. They could have been written at a time laws were different, or they may have records somewhere you are not aware of but that they could produce in court to back claims, or they may also be in violation of various laws. If you are serious, what you need to do is consult with an attorney in your area to get an informed legal opinion.