Whether you like it or not, the utopian days of the Internet being like some hippie commune from the 60's are long over. Folks, it's business now. Where there's business, disputes follow and then come the laws and the lawyers. Here's a checklist of ten things to consider so that your website doesn't become a reason to create a line item in your budget called "Litigation expenses."
Let's start at the beginning -- creating your website. If you pay someone to build it for you, you expect to own it. Right? The surprise is that you don't unless you have a written agreement that says you do. It doesn't matter that you paid for it. In fact, nothing matters except that written agreement. Yep -- it is a trap for the unwary.
The second concern is that once you create that website, you're exposing your business to the world. That could be great for business. It could also mean that you could find yourself sued or criminally prosecuted in some state you've never visited or some country on the other side of the world.
If you think that this can't happen to you, you should think again. It can and does.
Being exposed to courts around the world asserting jurisdiction over you because of a website is just one of the many risks your e-business faces. It leaves you having to answer questions like do you need to comply with the differing laws of all 50 states -- and what about other countries.
The third item to consider is privacy issues. The U.S. has few laws (I didn't say no laws!) regulating online privacy. You need to be cautious about stepping on your customer's privacy concerns. You should consider posting a privacy policy on your website. When you post it, be sure to comply with whatever it is that you post.
Your fourth checklist item involves framing and linking. "Linking" is when a web surfer clicks on a part of your website and he is taken to another website. "Framing" is when you have a link that changes only part of the browser display. With "framing," you might have part of the display showing your navigational choices and maybe even an ad, and the rest being a web page from somebody else's website.
If you frame or link another website, you should consider getting that website owner's consent. This is a murky legal area and it's not clear that this is always required. Still,when faced with "murky," I prefer the conservative approach, especially if it's not costly.
The fifth item for your checklist is your "webwrap" agreement. That's the slang term for that link on the bottom of a web page that says something like, "Terms and Conditions." You know -- it's the link nobody ever clicks because, well, who cares?
A "webwrap" also describes that agreement that popped up when you registered to use a website. It was the one that you didn't bother to read, but nonetheless clicked "IAgree."
Your website must have one of these two. If you ever read somebody else's, you'd realize that this is your best way to impose one sided conditions on your users.Everybody else does and so should you. Your Terms and Conditions may save you someday from some legal hot water.
Item number six on the checklist is to consider whether you may be infringing somebody's copyright with the content of your website. Copyright applies online just like it applies to books and newspapers. When in doubt, get the copyright owner's consent. If you've "borrowed" your competitor's content, maybe you should find new content.
Trademark laws are the seventh item for the list. Like copyright law, trademark law also applies online. You cannot generally use somebody else's trademarked logo, slogan or whatever without their permission.
Now let's flip the last two around and call it item number eight. You should be protecting your own intellectual property online. Your site should include proper copyright and trademark notices. You should also register your copyrights and trademarks with the appropriate government agencies. You can even copyright your website, so do it.
Next item is to consider advertising, consumer protection and product liability laws. In many ways, your website is an advertisement. As such, it's subject to all the same laws that regulate this area. Consumer protection can be a particularly treacherous area because these regulations may vary by city or county.
Last but not least is that you should consider having a backup and archiving procedure for your website. This way if anybody ever makes a claim concerning your website, you'll have some way to know what was on your website at the time of the alleged problem.
This may seem like a long list of things to consider. It really isn't and you shouldn't be intimidated by it. Never let a legal checklist stop you from making money. You just figure out how to make the money and then make your tech lawyer earn his keep by helping you weave your way through the legal thicket. |