We take the ownership of intellectual property very seriously and actively try to ensure that any use of other people’s intellectual property is done in a fair way.
How we Respect Trademarks
Trademark owners have spent a lot of money and time in promoting their brands and the trademark is a legal protection of that effort. Generally we will not use trademarks belonging to other organisations except where we have been explicitly granted rights to do so. The exception being when it is impossible to describe the object trademarked without using the trademark. For example we would chose to refer to “Ironman Hawaii” as opposed to the “Triathlon held in Hawaii in October each year by the World Triathlon Corporation which is described as the World Championship.” We believe that this is nominative fair use. See New Kids on the Block vs News America Publishing and Playboy Enterprises vs Terri Welles. In order to further protect trademark owners we explicitly and prominently make it clear on BeyondTransition we are not affiliated with a trademark owner where there is the possibility of confusion in the mind of the reader.
Copyright is Protected
We read a lot of articles and news about triathlon each day. We like to share that with our readers. We have several concerns with this. We want to share it quickly, we don’t want to infringe the copyright of the author, we want to reward the author by sending them visitors and we want the visitors to be satisfied with what they find when they get there. We believe that a fair use to meet the requirements of readers and authors is to limit any quotes of the original that we make to two paragraphs of the original. This is sufficient to give readers reason to explore further but not so much as to devalue the original article.
In support of this we also provide clear and unambiguous attribution of articles that we post directing readers to the original article and where possible email the author directly to let them know that we have quoted them.
Commercial vs Non-Commercial Use
Full disclosure – we make money from advertising and selling products. In the products that we sell – e.g. our race guides we only use content that we have copyright for or where there is a creative commons commercial licence. The remainder of the site we consider to be non-commercial as it is educational in nature and is provided for free.
We Will Take it Down
If you feel that we have infringed your IP rights please read this