The internet is a powerful tool for promoting your business, offering a variety of components such as websites, emails, chat rooms, and newsgroups for networking, making new contacts, and generating leads. However, navigating the digital landscape can also lead to legal disputes and challenges. The laws governing online activities can be clear in some cases, mirroring those in the physical world, while in others, they remain undefined, only to be established through court case outcomes. This guide provides some tips to help you avoid legal pitfalls in the digital world.
Registering a domain name doesn't necessarily protect you from legal challenges regarding your right to use that domain name. It's not uncommon for a website owner to face claims of trademark violation from a company arguing that their domain name infringes on their trademark. To avoid such issues, conduct thorough searches before registering and consider registering your domain name as a trademark. Companies that specialize in domain name registration can help you evaluate your options.
Copying the content, graphics, layout, name, look, or feel of another website without express permission can lead to copyright violation. Many countries, including Canada and the US, are part of an international copyright convention that protects copyright in member countries. Penalties for copyright violation can range from being asked to remove the offending material to facing significant court-ordered penalties.
If your website features bulletin boards or chat rooms, you could be held liable for material posted by site visitors. To minimize potential issues, monitor your forums and chats regularly and remove any content that could cause problems. This includes anything that could be considered libelous, promotes hate, could be seen as adult content (unless you run an adult site), could be perceived as threatening or harassing to others, or promotes illegal activity.
Avoid advertising statements that would be illegal or prohibited in other media. Exercise particular caution if your site advertises alcohol, tobacco, pharmaceuticals, financial services, gambling, contests, or adult entertainment.
When linking to another website, avoid deep linking and capturing the other site in your frames. While most website owners welcome links to their site as they generate traffic and increase their search engine ranking, unauthorized linking has led to legal battles. To minimize your risk, link to the home page rather than an inner page and code the site to open in a new window instead of within your frames.
Create an internet and email policy for your employees. If your employees are charged with sending harassing emails or distributing copyrighted MP3 files while at work, you could be held responsible. A brief email policy stating that your employees must use email in a legally responsible manner can help protect you in case of problems.
If you're purchasing packaged content for distribution and publication, ensure you're dealing with a reputable company. There have been instances of companies selling packaged content without the permission or knowledge of the content creators, which is a copyright violation and could put you at risk.
Finally, remember that these tips should not be construed as legal advice. Consult with legal counsel for matters specific to your own situation.
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