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Web Design Business
The Legal Side of Web Design Business and Web Site Ownership
The Legal Side of Web Design Business and Web Site Ownership section is devoted to Web Site Resources for legal issues on owning a Web site or running a Web design business or small business - Web design contracts, Web site copyright protection and copyright laws, what to do about copyright infringement, intellectual property laws, trademarks and trademark protection, Internet law, Internet fraud, and Internet law firms, intellectual property lawyers, and related attorneys.
Know of some good articles, tutorials, tips, Web sites, books, or other resources related to legal issues for Web sites or for running or managing a Web design business or small business? Recommendations are welcome and encouraged!
On this page:
- Attorneys Who Handle Internet Law, Intellectual Property Law
- Contracts for Web Design and Development and Related Work
- Copyright Information
- Intellectual Property Information
- Internet Law Information
- Legal Resources, Reporting Internet-Related Crimes, Online Legal Research
- Report Internet Crime
- Trademark Information
Also within Web Design Business:
- Web Design Business Home
- Planning, Running a Web Design Business or Small Business (1 page)
- Small Business Finances, Managing Money (1 page)
- Creating Your Office Workspace (2 pages)
- Training, Education, Online Courses in the Web Design, Development Fields (1 page)
- Professional Organizations, Associations, and Groups (1 page)
Attorneys Who Handle Internet Law, Intellectual Property Law
- Dozier Internet Law, P.C.
Specializes in defamation, copyright infringement, trademark infringement, hacking/unauthorized access with a special emphasis on blogger misconduct. [Web site: Dozier Internet Law, P.C..] - Scott J. Fine, Attorney at Law, U.S.
His law expertise includes a variety of areas: intellectual property, copyrights, trademarks, software licensing, Internet and computer law, more.
Fine, Fine, & Berman LLP · 445 Broad Hollow Road, Suite 200 · Melville, NY 11747 · Phone: 631-351-2100 · Fax: 631-773-6766 · Web site: http://www.ffbllp.com (not active) · Email: sjf at ffbllp dot com. [Web site: http://www.ffbllp.com (not active)] - Ivan Hoffman, Attorney at Law, U.S.
Variety of law expertise: Internet, publishing, trademarks, recording and music law, more. His Web site is also a huge resource of articles and information.
Books on Web Design Business, Graphic Design Business, Small Business Recommended by WebsiteTips.com
Read short reviews and find more book recommendations on Web site-related topics in our Recommended Books, Software section!
In association with 
Contracts for Web Design and Development and Related Work
- Contracts 101
Helpful, insightful article on the basics of contracts, including negotiating all the terms up front, contract length, the importance of properly drafted warranty disclaimers, intellectual property, and indemnification and arbitration. [Article/tutorial dated 2000, by Scott Fine, Attorney at Law (United States), for Wise-Women.org.] - Contracts for Every Occasion
LawForInternet.com and CNET Builder.com teamed up to provide this resource of contracts, forms, and info for Web-related needs. Forms include:- Cease and desist letter (Copyright infringement)
- Nonexclusive copyright license
- Total assignment of copyright
- Permission for noncommercial use of materials
- Internet privacy policy
- Permission to link
See also Recommended Books on Planning, Running a Web Design / Development Business or Small Business, where you'll find books that include contracts, helpful guidance, and tips.
Copyright Information
Copyright on the Web - General Information
See also below, Official Copyright Sources for official sources and documentaion.
- Copyright on the Web
Part 1: Being on the Web Doesn't Make it Public Domain - Protect Your Rights. Covers copyright issues for websites, copyright infringement, fair use, disclaimers, respecting others' copyright, and more. Helpful easy-to-understand article. [Article/tutorial by Jennifer Kyrnin, Guide to Web Design / HTML, About.com.] - Digital Millennium Copyright Act (WikiPedia)
Detailed information about the DMCA via WikiPedia, including the DMCA provisions, exemptions, reform and opposition, criticisms, and quite a few links to more information. See also below, Official Copyright Sources for more on DMCA. [Article/tutorial by WikiPedia.] - What is Copyright?
Concise, excellent information about copyright on the web by attorney/Web site designer Rebeca Delgado-Martinez Valette. [What is Copyright? Web site by Rebeca Delgado-Martinez Valette.]
What is Plagiarism and How to Avoid Plagiarism or Copyright Infringement
In a nutshell, to avoid plagiarism or copyright infringement, follow copyright laws. Check the particular author's or creator's copyright information, ask permission for use where needed, and adhere to the copyright laws. From A sample copyright policy from Stanford University:
In general, works governed by the copyright law include not only more traditional works of authorship, such as books, photographs, video and sculpture, but also works such as software and databases. Copyrighted works are protected regardless of the medium in which they are created or reproduced; thus, copyright extends to digital works and works transformed into a digital format.
Whether or not a webpage, digital artwork, or other materials show copyright information (typically at the bottom of webpages), to stay on the safe side it's better to assume the materials are copyright protected until you have absolute proof otherwise.
Keep in mind that lack of knowledge about copyright laws is not a legal excuse and doesn't make you exempt from being punished by law. So it's best to check out copyright information for any materials you'd like to use. Fair use generally allows you to quote a paragraph or two of text without receiving explicit permission, but you should always, always, always check the copyright owner's usage specifications, quote your sources, provide a link to the website, etc. Never try to pass off someone else's work as your own - which is assumed if you don't give proper credit or quote your sources. If the copyright owner doesn't allow use, don't use it... simple as that.
- 10 Big Myths about Copyright Explained
Great article to clarify many common myths about copyright such as: “If it doesn't have a copyright notice, it's not copyrighted;” if it's posted online it's in the public domain; the copyright owner will never find you; copyright violation isn't a crime; and more ridiculous myths that are sometimes actually thought to be true. Clarifies the myths and provides helpful information. [Article/tutorial written 1998, updated 10/2004 by Brad Templeton.] - How To Avoid Copyright Infringement
As the title says. Helpful article about what is considered fair use and more. [Article by The Reporters Committee for Freedom of the Press, rcfp.org.] - Plagiarism: What It is and How to Recognize and Avoid It
Very helpful tutorial for students and the general public with examples about how to properly quote sources and how to avoid plagiarism. [Article by the Indiana University Writing Tutorial Center.]
Copyrighting Your Work, Your Web Site, and How to Handle Copyright Infringement
- Copyright Infringement Cease and Desist Notice
A legal copyright infringement cease and desist notice freely available for use as a guide if desired. (Note that you should always consult an attorney, of course! This notice gives some great information and a starting point to discuss with your attorney, though.) [Article/tutorial dated 12/07/2005, by Save SMC Blog.] - Dealing With Splogs (Or Anyone Stealing Your Content via RSS)
Helpful tips on how to deal with those who steal your content via your RSS feeds. “RSS is a great way to distribute and syndicate content to your readers, but it also makes it easy for the spammers to steal your content. One way they do this is by setting up spam blogs, or 'splogs.' These blogs have no original content; instead, they pull in your content via RSS and pass it off as their own.” [Article/tutorial dated 07/10/2007, by Internet Marketing Sucks.] - DMCA Guide for Bloggers
Article explains DMCA, who might steal your content and why, how to find copyright infringers, filing a DMCA Takedown Notice, helpful tips, and links to more information. [Article/tutorial dated 02/22/2007, by Jeremy Steele, for Blogging Bits.] - Ethical Plagiarism Fighting
Great article on how copyright holders should conduct themselves regarding copyright infringement, including plagiarism, how to protect your work with proper copyright notices, and more. Lots of good points and tips here. [Article/tutorial dated 05/12/2006, by Jonathan Bailey, Plagiarism Today.] - Google: Digital Millennium Copyright Act
Information on how to file a DMCA copyright infringement notice/report with Google, what Google requires, the steps involved, and more on copyright infringement. Also specifically covers copyright infringement for Web search results and what information Google needs when filing a copyright infringement notice. Why file a copyright infringement notice with Google? Google can remove the offending content from their search index and results.
Note also that Google has additional information pages for their products, too - Google AdWords and DMCA, AdSense and DMCA, Blogger and DMCA, and more. [Web site part of Google Terms of Service (TOS).]
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers.
- How to Protect a Copyrighted Work
Once again, just as the title says. Helpful article about protecting your work. [The Reporters Committee for Freedom of the Press, rcfp.org] - Is Someone Stealing Your Content? The DMCA Is Your Friend
Blog post article about what you can do about people stealing your content, including what to do if your stolen content includes Google AdSense, if the thief's offending pages appear in Google search results, and more. Good information here. [Article/tutorial dated 06/23/2006, by Elise Bauer, for Learning Movable Type.] - Proper Use of the DMCA
Great blog post article with information about DMCA, along with great information and tips about how to file a DMCA complaint for copyright infringement, how to find the appropriate parties to send the copyright infringement complaint, common mistakes, ethical plagiarism fighting, and much more. [Article/tutorial dated 06/22/2006, by Jonathan Bailey, Plagiarism Today.] - Remedies for Web Site Copyright Infringement
“Internet Copyright Law: A Rat Pilfered My Web Site Cheese - What Do I Do?” Discusses how to go about protecting your work, copyrighting your website, how to handle copyright infringement and various options. Lots of great information here. [Article/tutorial dated 11/09/2002, by Richard Keyt, for KEYTLaw.] - Sample Cease and Desist Letter
A sample template to use as a guide for writing a cease and desist letter. [Article/tutorial dated 11/22/2004, part of Crash Course in Copyright, by Business Law - Intellectual Property, part of University of Texas Office of General Counsel.] - Notice and Procedure For Making Claims Of Copyright Infringement (Microsoft)
Part of Microsoft LIVE site owner help for handling copyright infringement reports to Microsoft LIVE search, MSN search. Note that Microsoft follows the DMCA. [Article by Microsoft, part of Information on Terms of Use.] - Respecting Copyrights Online
“Despite how much I see this, I'm still amazed at the volume of people taking copyrighted content, images, and other works online to use at their own sites, to pass off as their own, to earn income with AdSense or other ad programs, to even sell to their own clients, and whatever else. Like many others, I have also had my copyrighted work taken by others. So, how do you know if something is OK or not to use at your own website? And what can you do about people infringing on your copyrighted materials? Today's post goes into copyright infringement and includes helpful resources for more information.” See also the follow-up, Respecting Copyrights Online, Part 2. [Article/tutorial dated 03/03/2008, by Shirley Kaiser, for Brainstorms and Raves.] - Stopping Internet Plagiarism
Fabulous series of articles on stopping Internet plagiarism. Topics: Stopping Internet Plagiarism, How to Find Plagiarism, Contacting a Plagiarist, Finding the Host, Contacting the Host, When All Else Fails, The Long Haul. [Article/tutorial series by Jonathan Bailey, Plagiarism Today.] - Yahoo! Copyright and Intellectual Property Policy
Information on how to file a copyright infringement notice/report with Yahoo!, what information Yahoo! requires, the steps involved, and more on copyright infringement. Also specifically covers copyright infringement for Web search results and what information Yahoo! needs when filing a copyright infringement notice. Why file a copyright infringement notice with Yahoo? Just like Google, Yahoo! can also remove the offending content from their search index and results. [Article by Yahoo!, part of Yahoo! Info Center.]
Official Copyright Sources
- Berne Convention
for the Protection of Literary and Artistic Works
Official source with the Berne Convention documentation and information. [Web site: WIPO - World Intellectual Property Organization.] - Copyright
UNESCO's information about copyright, and includes links to numerous publications that they provide on copyright issues, including many on digital and online copyright laws and protection. [Web site: UNESCO.] - Creative Commons
A nonprofit organization offering flexible copyright licenses for creative works. See also their FAQ for more information about using a Creative Commons license and which one might be appropriate for your needs. [Web site: Creative Commons.] - DMCA: Digital Millennium Copyright Act - H.R.2281, Final Version
Official DMCA document that spells it all out - WIPO treaties, copyright protection and management, online copyright infringement, and much more. [Official document via The Library of Congress: THOMAS.] - Fair Use
The U.S. Copyright Office's information on what is considered 'fair use' as pertaining to copyrights. As they also state, when in doubt, consult your attorney. [Article/tutorial by U.S. Copyright Office.] - International Copyright
Helpful information about “international” copyright via the U.S. Copyright Office. Includes links to the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) and the Universal Copyright Convention (UCC). [Web site: U.S. Copyright Office.] - Universal Copyright Convention
Official information at UNESCO (United Nations Educational, Scientific, and Cultural Organization). This page has links to official text and more information. “Adopted at Geneva, 6 September 1952 and revised at Paris, 24 July 1971. Protection of Literary, Scientific and Artistic Works” [Web site: UNESCO.] - U.S. Copyright Office
Tremendous source of information about copyright here. Tutorials, FAQs, publications, general information, application forms, announcements, resources, much more. Learn how to register your work (Literary Works, Visual Arts, Performing Arts, Sound Recordings, Serials/Periodicals), how to record a document, copyright law and policy, and much more. You can also search copyright records and preregister your work. [Web site: U.S. Copyright Office.]
Disclaimers for Websites
- Disclaimers
Information, explanation of disclaimers. Includes links to more information. [Article by Wikipedia.] - Free Website Disclaimer Documents
“Our disclaimer document is intended for use in England and Wales in relation to the simplest kinds of website: information-only websites lacking any real interactive features (other than hyperlinks and html forms). The document is, in essence, a shorter version of the website terms and conditions document available on this website (it omits the terms relating specifically to interactive website features).” [Free Legal Documents by Website-law.co.uk.] - Sample Online Disclaimer Regarding Information
Website disclaimer document regarding the information within your website. Download the entire document in Word format for use - $10 charge as of January 2008. [Legal documents by AllBusiness.] - Sample Online Disclaimers Regarding Hyperlinks
Website disclaimer document specifically regarding outbound links from your website. Download the entire document in Word format for use - $10 charge as of January 2008. [Legal documents by AllBusiness.]
Intellectual Property Information
- EFF “Intellectual Property Online: Patent, Trademark, Copyright” Archive
Papers, articles about patents, trademarks, copyright, and more by EFF (Electronic Frontier Foundation). [Article by EFF (Electronic Frontier Foundation)] - The Collection of Laws for Electronic Access
Administered by WIPO (World Intellectual Property Organization). Huge resource of legal information for 35 countries, European communities, and WIPO treaties: national legislative texts, texts of treatises and its bibliographic data by WIPO, bibliographic database, full-text database. Very organized, well designed for easy navigation and access. [Collection by WIPO (World Intellectual Property Organization).] - R.I.G.H.T.S. (Redistribution In Graphics Has To Stop)
Rights for artists. Samples of contracts, letters to desist, definitions, links to other resources, more. Good resource. [Web site: R.I.G.H.T.S. (Redistribution In Graphics Has To Stop).] - World Intellectual Property Organization (WIPO)
Learn about WIPO, read from their extensive digital library about copyright, intellectual property, patents, trademarks, and much more. You can also sign up for e-mail updates about their site and more. [Web site: World Intellectual Property Organization (WIPO).]
Internet Law Information
- Laws of .Com - Online Journal of Internet Law
Latest headlines, and read current issue, previous issues. You can subscribe to receive it via email. Covers Internet law internationally. [Web site: Laws of .Com.] - Tech Law Journal
Latest news, articles, and a large resource for information on "News, records, and analysis of legislation, litigation, and regulation affecting the computer and Internet industry." - The Web Law FAQ
Helpful set of questions and answers about Web site rights, copyright information, and related - images, usage rights, more. [FAQ by Oppedahl & Larson.]
Legal Resources, Reporting Internet-Related Crimes, Online Legal Research
- Cyberstalking & Harassment
Very helpful information here about cyberstalking and harassment online and what you can do about it. [Article/tutorial by Neil Addison, Barrister for WiredSafety.org. Hat tip, credit: Heather Burns, Idea15 Web Design.] - FindLaw
Top-ranked specialty search engine for law-related information. [Web site: FindLaw.] - Internet & E-Commerce Law: Weblaw
Agreements and template contracts, and quite a few Internet law articles. Lots of helpful free information here, along with contracts and more that you can purchase. [Web site: Weblaw. Hat tip, credit: Heather Burns, Idea15 Web Design.] - Internet Legal Research Group
Top-notch, well done resource for Internet law. Self-described as “A categorized index of more than 4000 select web sites in 238 nations, islands, and territories, as well as thousands of locally stored web pages, legal forms, and downloadable files, this site was established in 1995 to serve as a comprehensive resource of the information available on the Internet concerning law and the legal profession, with an emphasis on the United States of America. Designed for everyone, lay persons and legal scholars alike, it is quality controlled to include only the most substantive legal resources online.” [Web site: Internet Legal Research Group.] - Legal Library Resource Exchange (LLRX)
by Sabrina I. Pacifici. Daily journal and updates on the latest legal research and resources. Excellent. Archives available online. [Web site: Legal Library Resource Exchange (LLRX).] - LLRX Buzz
by Sabrina I. Pacifici. Weekly newsletter devoted to legal research and resources. Excellent. Archives available online. [Part of Web site: Legal Library Resource Exchange (LLRX).] - Malicious Communications
Helpful information and tips on dealing with cyberstalkers, threats, including online threats, saving evidence and documentation, reporting offenders, restraining orders, and related issues. Also has links to more information. “A common and particularly unpleasant form of harassment is that involving malicious communications either through the post, the telephone, Fax, by cyberstalking through the internet or, an increasing problem, by the use of Text or SMS messages sent to mobile phones.” [Article/tutorial by Neil Addison, Barrister, HarassmentLaw.co.uk.] - Out-Law.com
Out-Law.com is a huge resource for online and e-commerce legal issues. You'll find the latest news, along with a multitude of articles and help on online and e-commerce legal issues, currently in these categories: IT Hardware and Equipment, Software and IT services, Interactive media and new media, Media and entertainment, E-commerce and retail, Start-ups, Financial services, Public sector, ISPs and telcos, Consumers and employees. From their site: “OUT-LAW has 8,000 pages of free legal news and guidance, mostly on IT and e-commerce issues. These issues can affect any organisation, and OUT-LAW is as much for those in a software start-up as it is for the compliance team at a bank.” [Web site: Out-Law.com. Hat tip, credit: Heather Burns, Idea15 Web Design.] - Stalking
Covers what defines online stalking, dealing with stalking, and what you can do about it. Lots of information here. [Article/tutorial by Neil Addison, Barrister, HarassmentLaw.co.uk. Hat tip, credit: Heather Burns, Idea15 Web Design.] - Technology Forms, Agreements and Contracts
Dozens of legal documents for websites - copyright, terms of use, disclaimers, privacy policies, and so much more. You'll also find software agreement documents, programming agreements, and much more regarding software as well as programming for websites. LOTS here! Prices vary. Download or paper copies available. [Section part of US Legal Forms, Inc.] - Website Forms
Legal documents available for websites include terms of use agreements, video content license agreement terms of use, domain name purchase agreement, website development agreement, press releases for website milestones or announcements, privacy policies, Internet advertising agreements, copyright and trademark protection notices, website disclaimers, website contracts, and much more. [Section part of AllBusiness.]
Report Internet Crime
- How to Report Internet-Related Crime
Helpful chart with links to official sources for how and where to report Internet-related crime, including computer intrusion (hacking), copyright piracy, trade secret theft, trademark counterfeit, currency counterfeit, Internet fraud and SPAM, Internet harassment, and much more. [Web site: Cybercrime.gov - Computer Crime and Intellectual Property Section (CCIPS) of the Criminal Division of the U.S. Department of Justice.] - The Internet Crime Complaint Center (IC3)
The IC3 is a partnership between the U.S. Federal Bureau of Investigation (FBI) and the U.S. National White Collar Crime Center (NW3C). You can file complaints through their Web site and get more information. “IC3 accepts online Internet crime complaints from either the person who believes they were defrauded or from a third party to the complainant.” They will review and evaluate each complaint to then refer it to the appropriate federal, state, local, or international law enforcement or regulatory agency. You can learn about the process, how to file a complaint, and actually file a complaint via their Web site. [Web site: The Internet Crime Complaint Center (IC3).]
Trademark Information
- Basic Facts About Registering a Trademark
from the US Patent and Trademark Office. - Google: Trademark Complaint Procedure
Information on how to file a trademark infringement notice/report with Google, what Google requires, the steps involved, and more. See also: Google AdWords Trademark Complaint Center and Google AdSense for Domains Complaint Center. [Web site part of Google Terms of Service (TOS).]
