Be Certain You’re Not Infringing on Others

Again, being accused of copyright infringement can prove troublesome for a business. You may receive a cease and desist notice from the lawyer representing the business that is accusing you of infringing, but more typically notices of claims of infringement are received by the Web host provider of a Web site. The Web host provider will then in turn notify you that a complaint has been received and you will be asked to remove the content from your site or resolve the matter with the person who is making the accusation. In the alternative, if you feel you are being falsely accused, you often have the right to dispute the claim of infringement under the Digital Millennium Copyright Act (“DMCA”) by filing a counter-notification with your U.S. based Web host provider challenging the claim and requesting that the accuser show proof of infringement. Note that foreign Web host providers may also be subject to the DMCA.

Ignoring a notice of copyright infringement or failing to respond to the notice within the allotted timeframe can result in your site being taken offline. Either way, whether you have to recreate content from scratch, prove that the content is yours, or struggle with having your site de-activated, you are at great risk of losing revenue, customers, content, and credibility. So the safest approach is to make sure all of your content is yours and yours alone–or that you have obtained the proper permission to use content and images that belong to someone else.

Make Contact

“Content” includes any information, text, article, poem, quote, image, graphic, or narrative that appears online. If you want to use content that you have not created, contact the owner, publisher, or author. Even if you only want to use a few sentences as an excerpt, you must first obtain permission. If you want to use a product image or photograph, contact the manufacturer with your request. Keep records of your contacts and the permissions received. You may also be asked to provide proper attribution on the Web page. In most cases, following this approach will secure the usage rights you want and need.

Make Sure Everyone Plays by the Rules

If your Web site is created, managed, or updated by a team of people, be sure each of them understands the issues related to copyright infringement. Often, business owners will hire a Web designer, only to learn many months later that the images, photos, or graphics used by the developer were actually acquired illegally. Ultimately, compliance is the responsibility of the Web site owner and the contact listed in the WHOIS? database. (The WHOIS? database is a collection of all registered Internet domain names or Web site addresses.)

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Interviewee: Linda Larsen

About the Interviewee: Linda Larsen has been a corporate paralegal for over 20 years, specializing in Corporate Law, SEC Compliance and Intellectual Property. For the past 8 years her primary focus has been Intellectual Property. Larsen currently acts as the Designated Agent for Network Solutions, LLC, addressing matters related to copyright infringement.

This article was written in conjunction with Kim Murphy, a freelance writer with 23 years’ experience writing and producing results-oriented materials for print, presentations, and the Web.

Legal Disclaimer: This article is not meant for legal guidance and should not be considered legal advice. Please consult a lawyer for the issues railed in this article.