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Cyberlaw
101
Author: June Campbell
Article:
You've already discovered that the Internet is a great medium
for promoting your business. But just as you can use the Net's
various components like the web, email, chat and newsgroups to
network, to make new contacts and to generate leads, you can
easily find yourself in hot water over legal disputes and legal
challenges.
Doing business on the Net can be fraught with legal perils for
those who act unthinkingly or unknowingly. In some situations,
laws governing cyber activities are clearly defined and reflect
the laws that govern our activities in the real world. In other
cases, the Internet is still a "gray area", and laws will be
established through the outcomes of court cases.
Although situations differ, as do laws in various jurisdictions,
the following tips might help you stay clear of trouble:
1. Registering a domain name doesn't prevent legal challenges to
your right to use that domain name. Many a web site owner has
been dismayed to hear from a company claiming his or her domain
name is a trademark violation. To avoid problems in this area,
conduct appropriate searches before registering, and consider
registering your own domain name as a trademark. Businesses that
register domain names can help you assess your options.
2. You risk copyright violation if you copy the content,
graphics, layout, name, look or feel of another web site without
express permission. Several countries of the world, including
Canada, and the US, have signed an international copyright
convention that protects copyright in member countries. If
discovered in violation of copyright, your penalty could be as
small as being asked to remove the offending material to as
large a penalty as a court might see fit to award.
3. If your web site contains bulletin boards or chat rooms, you
can be held liable for material posted by visitors to your site.
To reduce the potential for problems, check your forums and
chats regularly and remove any content that could create
trouble. Material to watch for includes anything that could be
considered libelous, promotes hate, could be considered adult
content (and you do not have an adult site), could be perceived
as threatening or harassing to others, or promotes an illegal
activity, etc. 4. Avoid advertising statements that would be
illegal or prohibited in other media. Be particularly cautious
if your site advertises alcohol, tobacco, pharmaceuticals,
financial services, gambling, contests or adult entertainment.
5. If linking to another web site, avoid deep linking and avoid
capturing the other site in your frames. Most web site owners
welcome links to their site because links generate traffic and
increase their ranking with some search engines. Rarely will an
owner complain if you link without permission. However, you are
not entirely safe. Legal battles have been fought regarding
unauthorized linking. To minimize your chances of running into
trouble, make sure you link to the home page instead of to an
inner page and code the site to open in a new window instead of
within your frames.
6. Create an Internet and email policy for your employees. If
your employees are charged with sending harassing emails or
distributing copyright MP3 files while at work, for example, you
can be held responsible. Having a short email policy stating
that your employees must use email in a legally responsible
manner can go a long way to protecting you in case of problems.
7. If purchasing packaged content for distribution and
publication, be sure you are dealing with a reputable company.
There have been instances of companies selling packaged content
without the permission or knowledge of the content creators.
This is copyright violation, and you could be putting yourself
at risk if you use these materials.
Finally, please remember that these tips should not be construed
as legal advice. Consult with legal counsel for matters specific
to your own situation.
About the author:
June Campbell, "How-to" Booklets, Guides, Templates, & eBooks
-Business proposals -Business plans, -Joint Venture Contracts...
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