Website Legal Issuses

17 Apr

With the development of Internet, website is becoming an ordinary platform for people to know a much larger and better world. As a website designer there are some legal issues I have to face during the creation of a web site. The section below discusses the legal issues I have known with the creation of a web.

The first one, I think people will be familiar with that, it is “copyright”. A party or a personal is guilty of copyright infringement if they violate the rights given to copyright owners. The rights included are preventing others from reproducing a work, distributing a work or publicly using for a work. So web designers should take care of this issue because maybe you violation will be a big damage that you wouldn’t retrieve.

There are three aspects related to the copyright list below was written by Brad Bolin.

  • Obtaining images for a web page. One of the chief attractions of the World Wide Web is the ability to use graphics to convey information to users. A sophisticated and subtle graphical presentation is the hallmark of some of the Web’s most popular sites. The following “rules of thumb” are meant to guide a web page creator when selecting images for incorporation into a page.
  • Developing text for a web page. The guidelines for text development are similar to those for obtaining images. Truly original text, developed by the creator of the web-site, may be used without copyright concerns. As with images, appropriating text from third-parties without permission is illegal, unless there is some substantial “fair use” justification for the taking. Use of third-party text pursuant to a license agreement should follow the terms of the license agreement. As for public domain works, one should never assume a work is in the “public domain” without independent investigation.
  • Developing Java Applets, JavaScripts, and ActiveX scripts. Like text and pictures, it is normally a violation of copyright law to appropriate scripting or programming from someone else without permission. Many parties have made their scripts and applets available for use by the public. In these cases, use is allowed as long as any requirements set forth by the programmer are followed.

The second is “Trademark” issue. A trademark is a kind of design by word, image or other elements in order to indentify the goods or services of a party. Actually we usually call this Logo. Trademark infringement usually occurs when one party use the mark which has owned by another party in such a way as to create a likelihood of confusion with the consuming public. With the development of modern society more and more famous brands we have known have their potential values. So some parties want to make profits of using these trademarks. But when we design a logo for company or a party we don’t intend to infringe to other parties only because a lot of inspirations are coming from the others. This is true but we need keep in mind we can borrow and must return it back after we have learned that, then re-create it to be my stuff.

The third legal issue is about “Domain name”. The selection and protection of a domain name maybe becomes the most detailed part when create a website. The domain names function as the address for a website, so it becomes more common at this booming Internet times.  When people want to obtain a domain name, if it is available a registration can be filed with InterNIC which administer the most common top level domain (.com, .org, .net, .gov, .edu) names. In order to better protect a domain name and to avoid losing a domain name , a wise owner should obtain a trademark registration on their domain name.

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Posted by on April 17, 2011 in Uncategorized


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