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RONB-ESQ
RONB-ESQ, Attorney
Category: Business Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I have an email list of about 2000 clients. I send them

Customer Question

I have an email list of about 2000 clients. I send them informational and promotional sales emails. Sometimes I add photos of things I see on the web- I've been extremely careful to choose photos that are not copyright protected or in the public domain,
like off of wikipedia. I'm wondering since it's my house list if I need to be this careful- can I include a photo of superman or Batman, which of course are copyrighted- OR can I include photos from the news, like of Arnold Schwartzneggar? I'm very conservative
and don't take risks legally. Thank you.
Submitted: 1 year ago.
Category: Business Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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Expert:  RONB-ESQ replied 1 year ago.

You will not legally have an issue with using something in the newspaper, but note the newspaper has a copyright on their entire newspaper and the only legal way to copy or distribute a copy of their article is to obtain written permission since they hold a copyright even if nothing is filed. A copyright is obtain the moment a person or company produces anything that could be registered with the US Copyright office. This includes, note, poems, lyrics, etc. It does not include fact statements or something like a legally required notice such as found on a soup can (but if soup can had a small recipe on it then it would copyright protected). Copyright law is something that most of us violated on a daily basis. It really comes down to who is likely to use legal means to enforce their copyright protection and who is not. Disney as example will take legal action against anyone anytime their copyright is violated. They first send a cease and desist and then file a lawsuit if person continues. Generally other than Disney and a few like them you can feel safe in copying and distributing information that is copyright protected to your group. It is wise to be aware of these laws and avoid say Disney and Marvel Comic, etc .

Does that answer your question? Basically the moment of creation the item is protected by copyright and it's owner is the one that decides who can copy and how it will be distributed both on paper or digital. The symbol you see on some items simply means that they have registered it with the US Copyright office and since that symbol is on the item and it was registered they are entitled to an additional $250,000 in damages if I recall correctly.

Regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

In case you are new to Just Answer I wanted to let you know that I am just an attorney setting at my home office and do not work directly for them. After you leave positive feedback (good-excellent) then I get a portion of what you paid JA. Thank you in advance for leaving positive feedback before you log off. Do note that after leaving positive feedback you are welcome to reply here with any follow up questions you have related to your original question for free as long as needed.

Regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

Just checking back to see if I fully answered your question and whether you need me to clarify anything before leaving feedback. THank you in advance for leaving positive feedback so I receive a portion of what you already paid JA for the time I spent answering your question.

Ron

Expert:  RONB-ESQ replied 1 year ago.

Just checking back to see if I fully answered your question and whether you need me to clarify anything before leaving feedback. THank you in advance for leaving positive feedback so I receive a portion of what you already paid JA for the time I spent answering your question.

Ron