ARTICLE
23 February 2001

Top 10 Legal Commandments

FG
Frankfurt Garbus Kurnit Klein & Selz PC
Contributor
Frankfurt Garbus Kurnit Klein & Selz PC
United States Information Technology and Telecoms
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  1. Get it in writing -talk is cheap -if they mean it they'll put it in writing and sign their name.
  2. 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.
  3. 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.
  4. Do not use anyone else's trademark without their permission. Unfortunately, sometimes ifs not clear whose trademark it is.
  5. There is no "fair use." Get used to it. To paraphrase Scott McNealy: Get permission before you use it.
  6. 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.
  7. In the law as everywhere else , scale matters. Be realistic about your bargaining position.
  8. There's no substitute for experience -it makes communication easier and faster and helps focus on realistic goals.
  9. 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.
  10. 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

ARTICLE
23 February 2001

Top 10 Legal Commandments

United States Information Technology and Telecoms
Contributor
Frankfurt Garbus Kurnit Klein & Selz PC
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