There are a variety of issues you should be aware of if and when you employee others. The basic principles of employee relations that affect your business or its future dealings should always be considered. First and foremost, employment agreements are a necessity. These Agreements are not only useful, but extremely valuable for a variety Read More…
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When Are My Independent Contractors Considered Employees?
Sometimes, businesses may find it necessary to outsource certain activities. Even if a business does not intend on hiring employees, it may still find itself in need of recurring services by some individual. Especially in the realm of e-commerce, where cloud computing and some recent software applications have given rise to numerous solely-owned businesses. The Read More…
Website Privacy Policy Requirements Operators Should Know
Website privacy policy requirements come from both the Federal Trade Commission (FTC) Act and applicable state statutes. In order not to be misleading or deceptive, website and app operators need to disclose each specific collection and use of all personally identifiable information. In order to do that, operators need to know what information the website Read More…
Website Privacy Policy Laws 101!
A privacy policy is a legal document that discloses some or all of the ways a website operator gathers, uses, discloses and manages a visitors’ data and personal information. As simple as it sounds, privacy and communications policies have presented many issues for website owners. Website operators should always post a privacy and/or communications policy Read More…
Who Gets DMCA Protection?
The Digital Millennium Copyright Act (“DMCA”) is something you must be familiar with if you operate a blog, chat room or interactive website. The law has two basic functions. First, it protects copyright owners by providing them with a mechanism to enforce their rights without having to directly sue the infringer! The DMCA allows copyright Read More…
Website External Links & Framing Legal Guide!
If you operate a website, are you aware of the ways in which website operators can become liable for use of external links? Traditionally, website operators have not been held liable for merely placing an external text link on their website. But, doing more than simply placing a text link on your site and your Read More…
Using Derivative Works On Your Site Without Permission?
If you use an existing photo, image, coding or any other protected work and substantially modify it, this could be infringement. New works that are based upon a pre-existing work may be considered to be a “derivative work.” A derivative work is a work based upon important or substantial elements of an original pre-existing work Read More…
How To Avoid Website Copyright Infringement
You can be liable for the content on your website if you use materials that rightfully belong to others. In simple terms, you can be liable for either copyright or trademark infringement for the content you put on your website. Most liability for infringement is from copyright infringement. So, the bulk of this post will Read More…
3 Rules For Website Development Agreements
Your business should always enter into a comprehensive Website Development Agreement with your website designer. Here are some critical rules for helping ensure your business’s next website development agreement is as protective as possible. Rule #1: Beware Of Third-Party Copyrights Your website development agreement should make it clear that your web designer must create or Read More…
Your Freelance Contractors May Actually Own Your Creative Works!
I am asked often whether using a freelance contractor found on the web, such as designers found through Odesk or Elance, creates a valid work for hire agreement. In fact, the question of whether you own whatever your freelance contractor creates is the critical legal concern with using these freelance providers. The short answer is that the terms of service Read More…