Who Owns the Content on a Website?

Brian Hall: This is attorney Brian Hall with Traverse Legal, PLC., a law firm representing Internet companies throughout the world. Today, I will be answering the question: who owns content on a website? Now, this question has multiple parts to it. So, let's define each aspect.

The first deals with content, and what is content? Content could mean many things. It could mean the words that someone sees on a website. It could mean images or photographs, it could mean videos, it could mean other things that are present on a website.

The second part is, what is a website? A website is obviously what you arrive at when you type a domain name into the URL browser. So, who owns content on a website? The easiest way to answer that question is to look at the terms of use, or terms of service that are on a particular website. The terms of use are one type of website agreement, that typically details who owns the particular content on a website. It even goes into who owns intellectual property associated with that website, and that intellectual property can be a trademark, copyright, patent, trade secret, or other type of non-tangible or real property.

Play: Who Owns the Content on a Website?
(click title to listen)

With: Brian A. Hall

Sponsored by: Traverse Internet Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

Ecommerce Law Update: Web Contract Lawyers | EU to Revise Ecommerce Consumer & Privacy Laws

Ecommerce Law Update:

A new set of consumer contract laws to harmonize the rules that govern online selling across the European Union (EU) will be proposed this autumn by the European Commission. The EU's consumer chief, European Consumer Commissioner Meglena Kuneva,  also promised fresh guidance on internet privacy issues.

Mr. Kuneva said that while e-commerce is succeeding at national level, cross-border e-commerce is failing to keep pace. The European Commission believes that simpler and better-harmonized consumer laws will boost the sector. For instance:

The main EU ecommerce laws enforced today are known as the E-commerce Directive and the Distance Selling Directive. However, each Directive gave member states some flexibility in their implementation so national laws are inconsistent. For example, the cancellation period for goods bought online is seven working days in the UK and 14 days in Denmark. In addition, each member state has national consumer laws that apply to all sales but vary widely. A court in France is unlikely to let a UK website deny a French consumer the protection of French consumer law.

The revised ecommerce laws will certainly help US based companies selling their products and services on-line in the EU.  Web contract lawyers will be interested to read the entire speech below.

Ecommerce Contract Tips | E-Commerce Presents Unique Challenges?

Ecommerce Contract Drafting is an Art:

Drafing an ecommerce contract is one of the most important things any web company will do.  An ecommerce contract governs your relationship with your website visitors and customers.  A poorly drafted ecommerce contract might leave you exposed to unnecessary liablity and set website visitor expectations which are contrary to your business model.  Worse, a poorly drafted ecommerce contract might not be enforced by a court if the matter should go to litigation. 

Although issues raised by ecommerce contracts formed on the Internet are affected by traditional contract principles, these contracts often present new and challenging issues. One such issues is the enforceability of "clickwrap" and, its closely related software counterpart, "shrinkwrap" agreements.

A clickwrap agreement (also known as a "clickthrough" agreement or clickwrap license) is a common type of online agreement driven by technology and the Internet. The ecommerce contracts present themselves as part of an "I Agree"check box on a web form, on-line software download, installation process of many software packages or in other circumstances where agreement is sought using electronic media. The name "clickwrap" came from the use of "shrink wrap contracts" in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within".

E-Commerce Legal Issues Continue to Evolve

Internet and Technology laws are a fast-growing area for policy makers, lawyers, business owners, and individual consumers. As technology changes at a rapid pace, consumer rights and business e-commerce rights may be challenged in new and unusual ways.

Cyber laws and related amendments can be leveraged by consumers and enforce regulations regarding privacy acts, internet crime, internet fraud, internet business practices, online gambling, freedom of expression, and more. Lawyers and law firms specializing in Internet and Technology laws can help with your questions and complaints.

Attorneys Handling Internet Law Cases For Clients Worldwide

Our internet law attorneys understand the Internet and technology. In fact, we represent some of the largest players in the Internet space concerning legal issues arising in the on-line world. Because we are a niche law firm, we know how to move the ball down the field in an efficient, cost-effective manner.

Founding Attorney Enrico Schaefer:  "Attorneys who specialize Internet law, software and back-end technology.  If you are a technology company, affiliate marketing player, e-commerce company, software developer or web site manager, contact one of our internet law attorneys today or give us at (866) 936-7447.

Traverse Legal attorneys can help your company, in-house counsel or trusted out-side firm navigate the challenging issues presented by an increasingly complex on-line world. From end user agreements, privacy agreements and e-commerce/affiliate contracts, we have you covered.

Our internet attorneys handle a variety of complex litigation and cyber-law issues in the following niche areas, including:

Technology & Web Services Contracts  -  Uniform Domain Name Dispute Resolution Policy
On-Line Retailer Representation  -  Internet Defamation, Censorship & Free Speech
E-Commerce Negotiation & Disputes  -  Web Site & Blog Copyright & Fair Use
Affiliate, Reseller and Retail Agreements -  Domain Portfolio Analysis & Monetization
ISP, Host and Content Provider Contracts -  Gripe Site & Cybersquatting Issues
Web site, End-User and IP Licensing Contracts -  Internet Business Formation & Financing
Trademark Registration, Monitoring & Enforcement -  Piracy and Brand Counterfeiting
Internet Content Licensing & Copyrights - Hacking, Spam & Phishing Attacks
Anti-Cybersquatting Protection Act - Data Privacy and Security
Digital Millennium Copyright Act -  User Generated Content (UGC)