User-generated content has become a
•
popular marketing medium; however,
it is not without potentially serious pitfalls. A Web site owner is at risk of
liability for users posting defamatory,
obscene, illegal or infringing material,
and should take steps (e.g., through
acceptable use policies, terms and conditions and take-down policies) to mini-
•
mize its exposure.
Many associations are just now becoming aware that the
Internet should be the medium of choice for marketing, promotion and even meeting/convention management. However, one
must consider myriad legal pitfalls when creating and maintain- •
ing a Web site. Issues such as those involving the use of images,
music, written content, testimonials, people’s likenesses or
other forms of intellectual property can lead to legal action or
unexpected costs. By simply failing to understand the basic
legal issues involving Internet content, anyone operating a Web
site can be at risk for a potential lawsuit or can become a victim of a deceptive or infringing practice.
Whether a site is extremely simple in its content or encom-passes millions of dollars worth of transactions, there are a
plethora of ways a Web site can lead to legal trouble. The fol- •
lowing are some problem areas to avoid:
For many associations, the initial step in creating a Web
site is selecting and purchasing a domain name. An association should proceed cautiously in its selection of a domain
name that could be confusingly similar to another organization’s trademark. A simple transposition of letters or addition of a descriptive word is generally not enough to avoid
legal liability. Thus, any Web site owner should consult with
a trademark attorney before selecting and purchasing a
domain name.
User-generated content has become a popular marketing
medium; however, it is not without potentially serious pitfalls. A Web site owner is at risk of liability for users posting
defamatory, obscene, illegal or infringing material, and should
take steps (e.g., through acceptable use policies, terms and
conditions and take-down policies) to minimize its exposure.
Misuse of financial information, along with unsafe handling,
is a potentially costly problem area, and marketing initiatives are not the only source of revenue generation on the
Web that can lead to lawsuits. All sites that handle funds
need to be PCI (Payment Card Industry) compliant to keep
payment card data secure and protected. If you intend to
collect financial information, consult with a specialist to
ensure that you are complying with all of the relevant laws
and regulations.
Unauthorized use of third-party trademarks on a Web site
may lead to legal liability for trademark infringement, dilu-
