[Legal Question] Using/selling 'free' volunteered content

Nat

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This is an area that I've never ventured into before, maybe it should go in the orientation forum but it seems a bit more complex than just 'learning the basics.'

I'm going after some content that isn't easily 'available'... Sort of like doing journalism I guess. I've reached out to a number of people asking if I can essentially 'interview' them. But since they are scattered across the country/world I've got a list of typed questions I'm going to ask them to answer. It's pretty long, they may not get through it... I've yet to send it to the one follow-up I've had so far. My goal is to compile about 5 of these 'interviews' and publish them online. I think the content will be very interesting. I then want to keep reaching out for these interviews and eventually compile them into an eBook and sell it.

Now, for guest posting its pretty obvious that both parties are happy. No need to really worry about any legal aspect. I'm being up front with people that my intent is to publish the info they give me online. However, I'm not sure I want to tell them up front, "eventually I may also add your content into an eBook and sell it." Do I need to get these people to sign something before they give me their 'interview' to legally protect me in case I want to include it and sell it? I guess a website disclaimer isn't enough since they aren't submitting the content to the website. They are sending it to me through email.
 
I'd use some kind of disclaimer with a date attached to it that says:

"Any content submitted to [Brand] through the email, contact form, or comment form for the purpose of publication on our website becomes the property of [Brand] and may be used in electronic books or physical publications at a later date."​

Of course I have no clue how this would stand up legally, but I imagine it would strengthen your case. I can't imagine anyone who is willing to receive free publicity through a website interview is going to care if they receive the same in a reasonably priced e-book. Especially after they discover it well after the fact (if at all) and it comprises 1% of the e-book.

If you're going to be saying "FEATURING INTERVIEWS BY LEADING EXPERTS NAMED SO-AND-SO" then I'd take actual legal measures to ensure you're okay. If it's just content and you're not drawing attention to it to make the sale, then "fuck 'em."

They aren't going to sue you for your $7 e-book. If they demand it be taken down, I'd remove their name from the book and replace it with [This interviewer asked have his name redacted] and keep on making cash.
 
I'd use some kind of disclaimer with a date attached to it that says:

"Any content submitted to [Brand] through the email, contact form, or comment form for the purpose of publication on our website becomes the property of [Brand] and may be used in electronic books or physical publications at a later date."​

If you don't want to mention the publication maybe just say "website and any additional collateral".
 
I'd use some kind of disclaimer with a date attached to it that says:

"Any content submitted to [Brand] through the email, contact form, or comment form for the purpose of publication on our website becomes the property of [Brand] and may be used in electronic books or physical publications at a later date."​

Of course I have no clue how this would stand up legally, but I imagine it would strengthen your case. I can't imagine anyone who is willing to receive free publicity through a website interview is going to care if they receive the same in a reasonably priced e-book. Especially after they discover it well after the fact (if at all) and it comprises 1% of the e-book.

If you're going to be saying "FEATURING INTERVIEWS BY LEADING EXPERTS NAMED SO-AND-SO" then I'd take actual legal measures to ensure you're okay. If it's just content and you're not drawing attention to it to make the sale, then "fuck 'em."

They aren't going to sue you for your $7 e-book. If they demand it be taken down, I'd remove their name from the book and replace it with [This interviewer asked have his name redacted] and keep on making cash.
Thanks! I'm not researching authority figures in the same niche. In fact, most of these people might be 'nobodies.' I'm going after people who have had "experience X." The average person with experience x doesn't write about experience x and thus I'm hoping that the free content will get some traction. If it does, I'll be able to compile all of the posted materials and start adding additional experience x stories until I get a pretty good page length.

I agree that this probably won't lead to me getting in big trouble or anything.. it would just be hugely sucky if that did happen. And I'm also trying to protect the 'brand' and not get called out as lying or stealing etc.

If you don't want to mention the publication maybe just say "website and any additional collateral".
Solid tip.
 
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