|
Legal Issues
The days of a wild and woolly free-for-all on the
Web are over. If you own a Web site or a Blog, there are several legal issues about which you should be informed
in order to protect yourself.
Infringement
- Copyright of Text and Graphics
Unless clearly stated otherwise all text and graphics at Web sites
and Blogs are
automatically protected by copyright law. You cannot copy someone else's work
without permission. You cannot grab photos just because they are on the Web.
Copyright laws also cover derivative work. The good news is: no one can legally copy your
material either. Please be sure to read
Our Position on Copyright Infringement.
- Trademarks and Servicemarks
You cannot use other's trademarked or servicemarked terms at your Web site
or Blog
whether visible or invisible. This means that you cannot, without permission,
use marks you do not own in your meta tags or alt tags. You cannot use other's
marks as if they were your own. Further, you cannot own domain names
containing a trademark or servicemark unless the mark belongs to you. Should
you be sued by the legally registered holder of the mark, precedent says you
will lose.
- Company Names and Product Names
You cannot use your competitor's names and product names in your site meta
tags. Should you be sued by the other company, precedent says you will lose.
You also cannot mention 'excessively' your competition or competition's
products in visible text in order to manipulate search engine rankings so that
your site appears when someone specifically searches for your competition.
Privacy Policy and Terms of Use
Your Blog should have a clearly visible Privacy
Policy and a clearly visible Terms of Use Policy. Read ours to get some idea of
what you need to cover in your agreements. Your site and/or blog is especially vulnerable if
it contains links to other Web sites. There have been court cases where it is
assumed that linking to another site endorses the content found there, and any
action taken by a site visitor based on the content at the end of the outbound
link could provide grounds for legal action against the site owner who provided
that outbound link (e.g.,
applying for a mortgage which the applicant did not receive, etc..)
Compliance With Rules From Governing Bodies
Real estate, for example, is heavily regulated by
state law which varies from state to state. In addition, the National
Association of REALTORS® governs the activities of its members, and many real
estate companies (especially the national franchises) have Web rules and
regulations that licensed real estate agents must follow. It is VERY important that you know what is
required in your state and by your board and by your company in order that you
remain in compliance. These compliance rules can apply to everything from domain names to meta
tags to statements about equal opportunity housing. You are fully responsible
for the compliance of your site. We do not have any way of knowing current
rules and regulations for every state, every real estate board, and every
company.
Meta Tags and Compliance
Some states require that your broker's name be
included in page titles, keywords, and site description as viewed in search
engines. On the surface this may sound like a good idea. However, consider this.
When you change companies and your site has been listed in a bazillion search engines,
it's almost impossible to get the description changed to reflect your new
company. You are then most likely not in compliance since you are being advertised as
affiliated with a broker for whom you no longer work. We have no good solution
for this problem. You may need to get a new domain name and start all
over with a new site.
Legal Resources
In researching the information on this page, we
came across a site that you might care to visit -
http://www.coollawyer.com. The attorney behind the site has
prepared many forms that you can purchase for use at your Web site. While we do
not necessarily endorse the material you find at the end of the link, it is
certainly a place for you to start in your own research of what's required to
minimize your exposure to risk. You can purchase an agreement
here that will
serve as the basis for your
Privacy Policy/Terms of Use. Be sure
to also check with your company and other governing bodies about their
requirements.
|