January 7 2010
The informationlaw.com Newsletter -

Recent Technology & Internet Law Developments
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In This Issue
If you hold a trademark, you can't sleep on your rights

Are you responsible for your web developer's infringements?


A janitorial supply corporation, Master Maintenance, hired a third-party Web developer, West Central Ohio Internet Link, Ltd., to redesign its Web site. As part of the site redesign, the parties agreed that there should be photographs of the janitorial supplies sold by Master Maintenance. In updating the site, one of West Central's employees uploaded several photographs, including four owned by Corbis Corporation, a visual solutions provider and owner of, among other things, a large collection of photographs. In promoting its services, Corbis makes available for viewing low-resolution images in an online gallery. In finding at summary judgment that not only was West Central liable for copyright infringement, but Master Maintenance was also liable for vicarious infringement, the court noted that Master Maintenance had (1) received a direct financial benefit from the infringement, and (2) had the right and ability to stop the infringement-the company's employees were responsible for approving all changes made by West Central to the site-but failed to do so.

  

LESSON LEARNED:

Website owners and designer/hosts be forewarned!  Claiming ignorance of the source of materials used on a website you own, designed or host won't help you. You can be liable for copyright infringement despite your claimed or even actual innocence.  As a result, you should ensure that your written agreement with your Web site developer clearly identifies from where its content is coming, and your employees should be vigilant about what type of content can be used.  Your website should never go live until all content has been properly vetted first.
DVD Cover_2 The Legal Considerations of Starting an Online Business- Now on DVD

In today's economy, more and more people are considering launching their own Internet businesses.  But a good business idea is not enough - understanding the legal issues involved in operating a business online is crucial.  In this instructional DVD, attorney Dan Pepper walks you through, step by step, practical, easy to understand tips you can use IMMEDIATELY to get your Internet business off the ground.  For more information and to see a preview, visit informationlaw.com or visit Amazon.com to order your copy!
Pepper Law Group, LLC, provides strategic advice and sophisticated legal services to businesses, entrepreneurs, and entertainers in the areas of technology law, intellectual property, Internet law, entertainment law, general corporate counsel, and privacy and security law.

Pepper Law Group, LLC
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informationlaw.com
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