- Get it in writing -talk is cheap -if they mean it they'll put it in writing and sign their name.
- If you expect to own the copyright in any material created for you. always get a written work-for-hire agreement before you authorize anyone to provide creative or programming services of any kind. This is the single most common problem I see.
- If in doubt, ask your lawyer first; and always ask before you seek any investments. A particularly sensitive area with potentially significant risks of liability -an "ounce of prevention" they say.
- Do not use anyone else's trademark without their permission. Unfortunately, sometimes ifs not clear whose trademark it is.
- There is no "fair use." Get used to it. To paraphrase Scott McNealy: Get permission before you use it.
- Do adopt and honor a privacy policy that respects the intelligence of your audience. Even if you're not required by law to do so, it'll make your customers (and you) feel good.
- In the law as everywhere else , scale matters. Be realistic about your bargaining position.
- There's no substitute for experience -it makes communication easier and faster and helps focus on realistic goals.
- Register your website or isp under the DMCA. It provides at least a barrier. if not a blockade against liability for copyright infringement. Check Cost Of This.
- Conduct your business online just the way would offline) only more carefully. All the same concerns about liability and enforceability, multiplied a hundred-fold due to the web's worldwide nature and potential for jurisdiction wherever your website reaches.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances
