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The Legalities of Web Sites
 by: Chris Curtis


The integrity, accuracy, and representation of a web site is a direct responsibility of the owners of the site.

In short, whatever you tell your web team or web designer to build, they will build. Separately, it is your responsibility to address any copyright, trademark, intellectual property and/or other legal matters BEFOREHAND.

Do’s:

* DO make sure that you have permission or licensing to use photos, graphic elements, and logos on your web site.

* DO keep copies of emails or letters giving explicit permission to use materials on your web site.

* DO make sure that you have not copied or plagiarized any content from another web site.

* DO make sure that your web site represents your business and/or services as accurately as possible.

* DO check with a lawyer about your legal concerns. Most lawyers will provide a low-cost consultation.

* DO make sure that your web site complies with all of the state and federal laws as they apply to your industry.

* DO as much research as you can about the legal concerns you have so that you can provide the information to your lawyer.

The more information your provide, the happier the lawyer will be to do the work for you.

* DO make sure that you have made every effort to secure your customers’ information on your site where personal information may be transmitted over the internet.

Don’t:

* Don’t assume that certain laws may not apply to you. Always check with a lawyer.

* Don’t “borrow” things from other web sites. Always email the contact address or the webmaster so that you receive a written response.

* Don’t copy other people’s content without their permission.

* Don’t try to guess at the legal elements of your web site. If you don’t know what they are, check with a lawyer.

* Don’t hesitate to ask questions. A good designer should know a little bit about some of the common legalities, or be able to refer you to legal help.

* Don’t think that if you choose not to address the legal issues they will go away.

* Don’t put the responsibility on your web developer - It’s your site, not theirs.

Where can you go for help with legal concerns?

Internet Business Legal Guidance:
http://Gigalaw.com - legal guidance website for internet business
http://Nolo.com - legal research site for most legal topics

Lawyer Referrals:
Pennsylvania Bar Association - http://www.pabar.org
Delaware Bar Association - http://www.dsba.org
New Jersey Bar Association - http://www.njsba.com
Free Legal Advice - http://law.freeadvice.com/resources/linkbar.htm

Copyright and Trademark Infringement:
United States Copyright website - http://www.copyright.gov
The Copyright Site - http://www.benedict.com

 

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