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Intellectual Property

A typical home page on the Web is an introduction to a company's products or services. As far as the content of the website is concerned, the issues involved are just the same as if the company was putting out a videotape or a newspaper advertisement. If the website is accompanied by music, the music is copyrighted and its use as not been authorized, in such case the use is an infringement. The same applies to materials such as film clips, photographs, and published written matter. [Ziff Davis Inc, 1998]
To use them in its website, the company needs a copyright clearance.

Beyond that, if the company has a website with more than the description of its products, the company has to be sure that it has the right to let other people download it. In other words, even if the company has the permission to use copyrighted material in its website, the company could run into trouble if other people make copies of what the company put in its website.

Furthermore, if the company avoids using copyrighted material, it could still get into copyright trouble. If the company provides links to other web pages and one of those pages is infringing copyrights, the company could face a lawsuit for contributing to that infringement. Business providing such links should include a disclaimer stating that they are not responsible for the linked home page's content.

If the company hires an outside consultant to design its web page, the contract should specify that the consultant will not use others' copyrighted material without a license.

Useful links of information on Intellectual Property
Legal firm website. Faegre & Benson, LLP. Kiewicz, Haury and Luyton, Mathew. FTC reverses course and adopt virtually all standard for "Made in USA" claims. Dec.1997, [On Line] http://www.faegre.com/firm_article.asp?id=54#top[back to text]

References

[Ziff Davis, Inc] Digital Theft. PC Magazine, Dec.15, 1998 [On line]
http://www.pcmbid.com/netacgi/nph-brs?p=1&r=1&d=PCMO&s10=&s1=intellectual+property&u=/netahtml/pcmag/pcmo.htm&s2=&f=G&s3=&s4=&s6=&s7=&L=200&s9= [back to text]