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hocuspocus

Junior Member
What is the name of your state? Hawaii

Hi again and thanks BelizeBreeze for your previous help.

My new question is: Stores commonly hand out sheets of paper containing information about their upcoming sale items. The handouts are free and have no sponsors or advertising, other than that particular store's sales. I would like to publish the sale information and prices on my website. Am I breaking any copyright laws?

I read about "Feist Publications, Inc. v. Rural Telephone Service Company" and the Court held that listing the names and numbers of subscribers in a telephone service area does not satisfy the minimum "original work of authorship" requirement for copyright protection. I would assume the same applies to sales data.
 


BelizeBreeze

Senior Member
Although I would agree that publishing this information does not violate copyright (It's public knowledge) I would caution you to ONLY print the facts contained in the handout and to keep each one on file for a minimum of three years.
 

cdoll

Junior Member
ill don't know the laws, but I can tell you my concern, as i worked for the media for a long time. I used to makes ads and flyers. And occasionally I screwed up. Or the store did and it was caught till after. Either way, one time I had in a ad 20 cases of pepsi for $5.00. Obviously supposed to be the other way around.

So I would be wary of taking information that might potentially be wrong. There was that one case where a women showed up with a bunch of bananas at a car dealership because the advertisement said "buy a car for 1500 bananas". she eventually won this in court.

In that case of the pepsi mistake I did, the advertiser caught it right away and posted signs everywhere.. but in other situations things have to be honored.

although on the other hand, I am sure places don't mind free advertising.

On my website, I try to stay away from listing prices, but occasionally I have to list them. But i make sure I write "verify times/prices by calling the venue"
 

BelizeBreeze

Senior Member
cdoll said:
ill don't know the laws, but I can tell you my concern, as i worked for the media for a long time. I used to makes ads and flyers. And occasionally I screwed up. Or the store did and it was caught till after. Either way, one time I had in a ad 20 cases of pepsi for $5.00. Obviously supposed to be the other way around.

So I would be wary of taking information that might potentially be wrong. There was that one case where a women showed up with a bunch of bananas at a car dealership because the advertisement said "buy a car for 1500 bananas". she eventually won this in court.

In that case of the pepsi mistake I did, the advertiser caught it right away and posted signs everywhere.. but in other situations things have to be honored.

although on the other hand, I am sure places don't mind free advertising.

On my website, I try to stay away from listing prices, but occasionally I have to list them. But i make sure I write "verify times/prices by calling the venue"
Honest mistake is not compensible by the courts.

The case you cite was not an honest mistake. It was interpretation which the court upheld.

In the case of copying information from the flyer, the best way to defend such a 'mistake' of fact is to simply put in your posting information "From flyer issued at [store location] on [date].
That's why I suggested keeping the source materials for three years.
 

MetaJeffB

Junior Member
cdoll said:
There was that one case where a women showed up with a bunch of bananas at a car dealership because the advertisement said "buy a car for 1500 bananas". she eventually won this in court.
If I were the dealership, I wouldn't have even taken it to court. She would have gotten a car without hesitation - the biggest junker on the lot. She could have towed it home.

AND....

My next week's ad would have read "Free banana with every test drive for the first 1500 customers!"
 

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