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NSW Copyright Issues - Displaying Product Information from Woolworths and Coles Sites?

Discussion in 'Intellectual Property Law Forum' started by tych, 29 March 2015.

  1. tych

    tych Member

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    Hi,
    I want to start a product comparison website between all the major grocer's like Woolworths, Coles, etc... My understanding is that product details publicly available online are not intellectual property because they are factual details of a product, but does this apply to the pricing? Different grocer could provide different pricing to the same product. My main concern is about using their product images, what are the copyright issues involved and will it be possible for me to just buy the product and take a picture of it and use it on the comparison site.

    Any help is greatly appreciated.

    Thanks.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there, I cannot think of any issues that you would run into by using product images and displaying information about it...
     
  3. tych

    tych Member

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    Sophea likes this.
  4. Tim W

    Tim W Lawyer

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    If it's just a pic of the product, then no problem.

    Bit different with images compiled into advertising art (like the one in your link above).
    That's an artistic work. Copyright in that artistic work vests, in the above case, with Woollies.
    By using it yourself, without their consent, you will be breaching their copyright in that art.
    That's a problem.
     
    Sophea likes this.
  5. tych

    tych Member

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    Thank you for the info Tim, just wondering if this applies internationally or will there be a different jurisdiction depending on the country one is in.

    Thanks
     
  6. Ivy

    Ivy Well-Known Member

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    The rules regarding copyright vary from country to country. You will need to look them up in each jurisdiction.
     
  7. Tim W

    Tim W Lawyer

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    That said, the Berne Convention will usually see IP created in one jurisdiction recognised
    (and the related rights enforceable) in another.

    You don't get to hide from Australian IP law
    by getting the art, or by getting a transaction, done elsewhere.
     
    Ivy likes this.

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