@wbt I suspect that a question about releasing data under a proprietary license would be off-topic for opendata ;)

Well, we do have questions about licensing on OpenData ... and people ask about the 'can I use this data for commercial purposes' ... so it might fit.

There are lots in information brokers out there. en.wikipedia.org/wiki/Information_broker Why not just buy some information and see what kind of contract / license they use.

What? The type of license would affect the legal risk.

You need to be more specific. You are based in the U.S. and you want to compile "all non-copyrighted or non-licensed materials"? So you can database them? For what? Searching to lead folks more easily to these sites (you want to be Google in a way?) I'm not sure what the model actually is you are aiming for here. What exactly will be in your database?

But for what? Like a search engine type thing? Where you'd make the money from advertising rather than subscribers? I ask only because this can be a distinguishing factor to a comprehensive answer.

@kavoir.com I ask only because this can be a distinguishing factor to a comprehensive answer. Seems like it might matter.

Again, it depends. Outcomes are contingent upon what you're doing, as you may (1) not be able to get a license for use; (2) you may not need one; or (3) it may be so cost prohibitive as to not be worthwhile. IP question of law are heavily fact dependent. If you don't want to share your idea because you feel it's one of a kind, or something, I understand. However, that brings it into the realm of actual legal advice rather than the philosophical exercise on the topic. I'm not sure, however. how someone could answer you based on the information on here. Or maybe I just don't get it.

You should edit your question to be as precise as you feel comfortable being, with regard to what exactly you want to mine, collect, database, distribute, and how you intend to profit from the model. Without that....??

Sounds good. Focus on types of data, what the site will offer (will it be a searchable database, will folk review or critique stuff, or will you be making money specifically from the data you've mined. Good luck!

So, you would be sort of like a Kayak or another clearinghouse site, but more broad. So the only question that remains is who pays the mo et? The companies? Adsense or another advertising strategy for revenue that's similar? Or the actual users. That should be all for an analysis.

Just curious, how does that benefit the user who could just do a Google (or other) search for their target source. That it will be databased? So, if you are charging the user, the copyright/licensing question gets far less clear. There is a 4 prong test for fair use vs. infringement and with that, the most relied upon prong is without question whether someone is making a direct profit from copyrighted materials. I'm still a little unsure of the format or why this is different than any free search engine.

This is fine. I'd wager that this is not even fair use - which is a defense to a copyright claim that allows the use of copyrighted materials for the public good - because you are not "using" the copyrighted material at all. You are merely indexing what's in the public domain. I cannot see a problem with what you just described.

That being said, if you have clients that are paying you to build an app like this...I would just charge them (under research and development) for a quick, written opinion where an attorney would state in writing that what you are doing is not an infringement. It wouldn't cost much; it's pretty cut and dry if this is the extent of it, and then if there are other trade secret issues you don't want to disclose here that could impact the determination, you can disclose. If you get sued, their malpractice coverage would pick up the tab for your damages if opinion is wrong and you fully disclose.

@kavoir.com: You need to incorporate all of the information you have provided in comments that are applicable to the question back into the question. Please edit your question accordingly ASAP.

@gracey209: You should roll your answers into a bona fide answer that can be upvoted and accepted. (I'd do it for you, but then you wouldn't get credit.)

If they have that, it probably means their own intellectual property, not titles. But maybe not... They could be referring to something other and you may require a license. So, you cannot take the website and mirror it, so people can buy from you not the. While they don't hold an exclusive the right to that information, you can't engage in trade interference. You could gather that info from myriad sources. They had to get the titles from somewhere. There must be lists of texts you can obtain direct from publishers rather than taking it from a book store website if you're worried.

The way you described it though, you will just indexing it and linking to the sites where the books can be purchased, for example. One would think that would benefit them rather than infringe upon any of their rights. If you're trying to undercut them that's a different story altogether.

I guess it all goes back to this idea of what you mean by "consumable data" that computers can gather, rather than the standard search engine type of data. I don't really understand what that has to do with titles, so it's hard to discern what the process is if you are infringing on the rights. Won't there ultimately be a human searching for the stuff? But the limited question of, is the databasing of titles a protected activity, it's not. You're not steeling the title, you are acting like a library referencing system.

@feetwet I will do that. I'm still not sure if I really even know what he's talking about'

@feetwet, I just updated the original question with the details in the comments I wrote but also deleted.

Are you taking the other sites code?? the reason you don't want to get the info direct from the sources is just temporal economy, I'm assuming. Confirm these issues and I should be able to draft an answer for you. Although prob not until tonight or tmro.

The original source I mean... Rather than some site who has already compiled/indexed large amounts of data.

Got it. I'm drafting a response for you now.

@gracey209, yes please, I'm standing by.

That's right. That's why I said if it was put into a new dataset, even if he used existing databases, it wouldn't be a copyright infringement and need not concern himself with the doctrine of Fair Use. However, if you notice the comments,he is talking about taking the data from sites with licenses for use of their materials. That is a contract. So, While the court has found that a person could rework a database into something new, hence, not being in violation of United States copyright law, they could still be in breach of a licensing agreement or contract.