Re: New Web Site Copyright Guidance

Gaye L. Bellinger wrote:
>
> I'm the Technical Communications Manager for a large manufacturing
> company. We are starting to set up our 'net site and I would like to
> give some direction and consideration to copyright and other related
> issues ... I'd like the assistance of the members of this list in
> preparing a convincing argument to hire a computer law attorney. If
> you could identify issues related to the legal aspect of establishing
> a net site ... I'd be extremely grateful."

For starters, here's a draft web site legal audit list, which I posted (the last few items were added by subsequent posters):

At a minimum I would recommend:

Certainty as to ownership of all copyrightable materials on the site

Proper copyright notice attesting such ownership

Copyright notice should claim rights in text, graphics, selection, arrangement and overall web site design

Copyrights should be registered

Brief license notice providing users with guidelines as to which uses are authorized and which require further permission

Proper use and identification of all common law and registered trademarks as the property of their respective owners

Trademark registration should be sought for all words, phrases or designs used as trademarks

Clearance of publicity rights for any commercial uses of the name or likeness of an individual

Model releases that include electronic reproduction rights for any photos depicting identifiable persons

Make sure no trade secrets or patentable technologies are disclosed on the web site

Make sure no contracts or confidential relationships are violated

Avoid any materials that are potentially defamatory or may violate anyone's privacy rights

If gambling is offered, or games, or contests are included in which prizes may be won, include as complete as possible disclosure disclaimer that they are void where prohibited by local laws

Obscene or pornographic materials should be checked for compliance with relevant laws and appropriate notice provided (as well as protections against inadvertent site access by persons under 18)

Materials that may run afoul of anti-Hate laws should be checked for compliance with relevant laws

Sites offering goods or services for sale by online transaction should comply with relevant laws governing (a) advertising, (b) pricing, (c) consumer credit, and (d) required disclosures (such as California's online sales law, which requires that certain disclosures be made BEFORE an online transaction may be accepted)

Check for downloadable software (other than freeware or shareware) that would require a license.

Check for music and stock ftg clips or you may have talent issues (AFM, WGA, AFTRA, SAG, etc.). Consider doing a cue sheet similar to a stock ftg/stills cue sheet in order to track rts clearances or a shutdown report if you have a large site with issue specific areas that list third party material with various licenses and clearance requirements.

Others will have additional ideas, I'm sure. I hope this is a good start.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Thu Feb 27 1997 - 17:28:03 GMT