A Complicated Situation- Need Your Help

16 replies
Hello,
I am helping a friend in India to set up an online business. He has an ebook close to completion and has the following questions.

1. He has registered a domain name and the payment option is Paypal. However he does not want his name to be shown when customers buy his product. He feels having an Indian name is a drawback for him in terms of evoking trust. So he wants to know how he can have a business name show up when someone does a transaction via Paypal.

2. Also in his autoresponder messages, he again feels having an Indian address at the bottom of every message would not evoke trust and he asked me if he could use my address. Now I am more than happy to help him, but I want to know if doing that is allowed in the first place and should any problem arise if I will be held responsible?

3. He wants to offer bonuses and in the process he was wondering if he could use the public domain materials from the United States.

Please let me know specifically with respect to Question 3 where I could find some legal advise.

Thanks
#complicated #situation
  • Profile picture of the author Kris Turner
    Public domain is public domain, wherever you are. If you're in the US selling or giving away public domain stuff, people from all over the world will be accessing it. But then again, I'm not a lawyer and I know nothing.

    As for question 1 - if he wants a business name to show up on paypal for buyers then he'll need a business paypal account. If he has one of those his actual name won't be displayed, but his business name will (so he'll need a business bank account).
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    • Profile picture of the author yourreviewer
      Originally Posted by Alex Taylor View Post

      Public domain is public domain, wherever you are. If you're in the US selling or giving away public domain stuff, people from all over the world will be accessing it. But then again, I'm not a lawyer and I know nothing.

      As for question 1 - if he wants a business name to show up on paypal for buyers then he'll need a business paypal account. If he has one of those his actual name won't be displayed, but his business name will (so he'll need a business bank account).
      Hey Alex,
      Thanks for your help buddy. Do you have any response for Question 2?

      Thanks
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Alex Taylor View Post

      Public domain is public domain, wherever you are. If you're in the US selling or giving away public domain stuff, people from all over the world will be accessing it. But then again, I'm not a lawyer and I know nothing.
      Not necessarily. Some works that are in the public domain in the U.S. are still protected by copyright in other countries. And, vice versa.
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      • Profile picture of the author Kris Turner
        Originally Posted by Dan C. Rinnert View Post

        Not necessarily. Some works that are in the public domain in the U.S. are still protected by copyright in other countries. And, vice versa.
        But as I said, if you sell something public domain in a country where the copyright has expired, how could you stop people from accessing it in countries where it hadn't expired?

        If you give someone a public domain ebook when they subscribe to you, you're gonna have to start banning countries by IP address from accessing your site.
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        • Profile picture of the author jacktackett
          Originally Posted by Alex Taylor View Post

          But as I said, if you sell something public domain in a country where the copyright has expired, how could you stop people from accessing it in countries where it hadn't expired?

          If you give someone a public domain ebook when they subscribe to you, you're gonna have to start banning countries by IP address from accessing your site.
          Alex, Dan is completely correct - while IANAL, copyrights and what constitutes "public domain" are handled by each country. Most are signatories to various international treaties, but just because something is in the public domain here in the states, does not mean its so in another jurisdiction. Here's a note from my book on copyrights:

          Note: The 1994 Uruguay Round Agreements Act (URAA) and recent European Union legislation could have restored copyright protection to items previously in the public domain. If you have any questions about a work's protection status, you should research the items at the Copyright Office in Washington, DC, or seek competent legal advice.

          While it may not make sense - and may not be enforceable in an economic sense-something in the public domain here could be still protected elsewhere.

          Laws seldom are logical....

          --Jack
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  • Profile picture of the author Brad Gosse
    Yeah get a business account.

    I am not sure I would trust someone named Singh over Jones any more or less. I would bet most people who would be turned off don't know Indian names from European lol
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    • Profile picture of the author yourreviewer
      Originally Posted by Brad Gosse View Post

      Yeah get a business account.

      I am not sure I would trust someone named Singh over Jones any more or less. I would bet most people who would be turned off don't know Indian names from European lol
      That's exactly his problem. He feels his name would be a big drawback and so I am trying to help him out in ways I can. Thanks
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    • Profile picture of the author JustVisiting
      Originally Posted by Brad Gosse View Post

      I am not sure I would trust someone named Singh over Jones any more or less. I would bet most people who would be turned off don't know Indian names from European lol
      Or American
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  • Profile picture of the author jacktackett
    Great post -it brings up the question are you in business or playing? If you're in business then the reasons to use your name are ego and branding. Nothing wrong with that - Ford, Dell, GE (used to its co-founders name on it, one Thomas Edison) etc. If you build a successful business it will outlive you.

    But if you wish to sell it some day then having you're name on it will add a wrinkle to the sell. Otherwise, who cares?

    Your friend has a valid point, and as others have suggested he should think of forming a business and using it as the vehicle. Plenty of places here in the states will provide a drop box (po box, suite, etc) and you can get checking accounts online now.

    good luck,
    --Jack
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  • Profile picture of the author Mary Gallivan
    Hi

    I don't know if this helps but is there any reason why he can't have a 'business name' in much the same way as a pen name? For some of my sites I have a pen name/business name with an email set up for it and this is what I use for sales in Paypal.

    My Paypal account is registered in my real name but I have several other email addresses attached to it. Therefore all he needs to do is select the name he wants to show and hey presto! A pen name/business name should pose no problems provided it is used for legitimate purposes.

    As for the autoresponder I'm not sure about the address on that. I simply use my own address.

    Bonuses - he could get PLR products and use them with his name as the author but not as copyright owner unless they are significantly changed.

    Note: These are my personal opinions. I am not a lawyer.

    Mary
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    • Profile picture of the author Jim M
      You should choose a 'Banner Name' ie I chose JimsPublishing, which I use in my Paypal account, but under which I can add whatever products I wish to, using my name as author if I wish, or in some cases just putting it out as 'Published By' - it leaves the door open to add products as and when you want to.

      I then use the 'Banner Domain' as a central focus, with each product, were applicable, having their own domain for the sales page.

      Hope this helps,

      Jim
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      • Profile picture of the author Jill Carpenter
        2. Also in his autoresponder messages, he again feels having an Indian address at the bottom of every message would not evoke trust and he asked me if he could use my address. Now I am more than happy to help him, but I want to know if doing that is allowed in the first place and should any problem arise if I will be held responsible?


        I would recommend a virtual office/po box. Mail can get delivered and they will actually scan it into a computer for you and email it to you should you get anything.

        You can use a PO box with aweber, so I don't see why your address could not be used as a business contact mailing address. It will just be like you being a mail delivery service.

        In 3 years I have only had a couple of people actually write to me via snail mail through the aweber - not about spam but one was someone who sent me a holiday card and one was a customer looking for me to contact the company I was affiliating for at the time.

        Consider it one of several business addresses. If you were a business partner of his would it be an issue? I would encourage a trade - access to sharing the autoresponder in exchange for him using the address.
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  • Profile picture of the author Floyd Fisher
    Originally Posted by yourreviewer View Post

    Hello,
    I am helping a friend in India to set up an online business. He has an ebook close to completion and has the following questions.

    1. He has registered a domain name and the payment option is Paypal. However he does not want his name to be shown when customers buy his product. He feels having an Indian name is a drawback for him in terms of evoking trust. So he wants to know how he can have a business name show up when someone does a transaction via Paypal.

    2. Also in his autoresponder messages, he again feels having an Indian address at the bottom of every message would not evoke trust and he asked me if he could use my address. Now I am more than happy to help him, but I want to know if doing that is allowed in the first place and should any problem arise if I will be held responsible?

    3. He wants to offer bonuses and in the process he was wondering if he could use the public domain materials from the United States.

    Please let me know specifically with respect to Question 3 where I could find some legal advise.

    Thanks
    1. Does he have any kind of fictious name statement (basically it's a declaration that you are doing business under another hame)? Set that up first, then you can use that with paypal.

    2. That could run into problems should legitimate problems (like consumer complaints) arise. Check with authorities first before doing that.

    3. Public domain means no copyright. He should be able to use it without any issues.
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  • Profile picture of the author BizBoost
    I'm a big fan of pen names. And, as others have said, you can get a drop box in the U.S. but listen closely:

    1. Do not front for your friend. Just don't. It's not a matter of life and death where friends really come into play. But, in this matter, it will end up more of a headache than you can foresee right now.

    2. Even if people know he's from India, it won't matter. If the sales page and graphics are quality, and the content is what it says what it is and the obligatory money-back-guarantee is in place, his name won't matter one bit...

    ...at least not to the point where it should be causing him the paralysis of analysis.

    TELL HIM TO GET CRACKIN!

    Best wishes,
    Eric
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  • Profile picture of the author yourreviewer
    I owe a lot to WF. You guys simply rock! Thanks for all your suggestions.
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