Minimizing Legal Risk in Using Online media

30 Jun

1. Are you violating anyone’s copyright? Common situations in which fair use may be found include criticism, education and parody.
2. Are you violating anyone’s trademark rights? There may also be potential liability if the owner can establish that your conduct diluted the strength/value of the owner’s trademark.
3. Are you invading anyone’s personal privacy?
4. Are you breaching any confidentiality agreements or professional obligations? Lawyers, doctors, advisers and others in businesses in which they receive client/patient confidences must make sure they maintain such confidentiality. Possible sanctions may include termination of employment, loss of professional license, potential significant civil liability (such as in the context of trade secret dissemination), or even criminal liability.
5. Are you defaming anyone? Truth is, of course, a complete defense to such a claim.
6. Are you running afoul of advertising restrictions?
7. Are you violating applicable regulatory requirements? If your business is in a heavily regulated industry, be mindful of violating applicable proscriptions.
8. Have you made promises to others on your page? If you make representations or promises to others on your page, make sure you keep them, to avoid potential liability for claims such as misrepresentation or breach of contract.
9. Have you read and do you understand the social networking site’s terms/conditions of use?.
10. Have you incorporated qualified language and appropriate disclaimers?
11. Are you regularly monitoring your page/profile?
12. Have you checked your insurance policies? Review your insurance policies to determine if the types of potential risks described in this article are covered.

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Posted by on June 30, 2010 in media


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