No matter
what the kind of business that you are in and products that you sell; if you
have a web site, you need to be aware and able to address all the legal issues
that you could be privy to in a court of law. These comprise of various types
of digitized content such as graphics, text, images, music and coding.
Assuming What Content is Protected
Web site
owners have to assume that all content is protected ether by copyright or moral
rights.
Copyright protection disallows its inclusion in another
web site without that business owner’s permission.
Moral rights require the author to be
attributed and that the work should not be significantly modified without the
business owner’s permission.
These
clearances can take form of a license or an assignment of copyright from a
relevant rights holder. These include a third-party web site designer,
photographer, journalist or two or more rights-holding organizations such as in
the most difficult case of music.
Other Precautions to Avoid
Infringement
In
addition to the aforementioned, you must ensure that the content on your web
site satisfies other requirements such as:
- Using the registered trademark of a third party as
part of your web site meta data will constitute trademark infringement. Even
straight-forward references on a web site to a third-party’s trademark can
be equivalent to as well.
- Hypertext linking,
particularly by means of deep linking or framing to third-party web sites
without the consent of those web sites, should be avoided.
- Misleading price indications such as incurring penalties
when online prices for selling products have not been updated.
- Incorrect product
descriptions, where inaccurate statements are made as to the quantity,
size and fitness for purpose or performance of goods that a customer can
buy can also cause repercussions.
As well as
guarding against infringement of third parties’ rights, it is important for business
owners to include wording in the terms and conditions of their web sites that
protects their own copyright and other rights. Usually this is done by showing
the terms directly on the home page, linked from the home page or at the bottom
of every other page on the web site.