Web Page Tips

We want you to have fun creating your web page but we also want to alert you to some legal issues that you might not be aware of. In doing so, AOL is acting as a good neighbor in our community, not as your lawyer. We don't want you to inadvertently violate anyone's intellectual property or privacy rights. The tips below by no means cover all the issues nor do they definitely answer questions you may have; we just wanted to give you some basics to consider when you are designing your web page. We have also created Links to other sites on the Internet that can provide you with more details, if you are
interested.

1. BASICS

Did you know:

Not everything on the Internet is in the public domain, or available to you to do with it as you like. This means you could be liable to another for an intellectual property infringement if you incorrectly use something that is not in the public domain.

Being an AOL member does not grant you the right to take materials that you find within AOL and put them on your web page.

2. COPYRIGHTS - A copyright is the exclusive right to publish, produce, sell, copy, or distribute a produced work - like a book, song, or web site.

Did you know:

The moment someone creates an original writing, piece of music, computer program, or any other copyrightable material, it is automatically copyrighted under U.S. law. Currently, no notice is required. This means copyright extends to most messages, e-mails, text files, program files, image files, and
database files.

A copyright holder has many different exclusive rights, including the right to copy, make modified versions of, distribute, transmit, publicly perform the work. In general, no one else is allowed to have any of these rights unless the
copyright holder gives the person permission through a license.

In general, if you do any of the following, you may be liable to the copyright owner for copyright infringement: copy pictorial images or blocks of text you find on AOL or elsewhere and put them into your web site; copy excerpts from online news services to create your own customized subject area on your
web site; take online discussions of others, even if you've participated in the discussion, and post them on your web site.

Simply putting a copyright notice with the copyright owner's name does not avoid liability.

Software is generally copyrighted, so you can't just upload it without getting permission from the owner. This may also apply to shareware as well. You should check to see what distribution rights the copyright owner has granted.

3. TRADEMARKS - A trademark or servicemark is a brand name, logo or slogan used by product or service suppliers to distinguish their products from others, like America Online or CompuServe.

Did you know:

You generally need to be careful before using someone else's logo or tradename and may need to get permission if your use might dilute the value of the mark or confuse buyers about the product's or service's origin.

If you are a fan of something like a television show, such as Friends, and you want everyone to know this on your web page, you generally can't cut and paste the logo or the character's pictures onto your page without first getting
permission - even if you only have good things to say about the show.

4. PRIVACY - Privacy is the right to be left alone from unwanted publicity.

Did you know:

You need to be careful not to violate anyone's right to Privacy.

There are four torts, or wrongs, that constitute privacy violations? And, even though each is separate, you can be liable of violating more than one tort at the same time.

Intrusion - Intrusion is like trespass -- the unauthorized entry onto the private property of another -- and can occur when you offensively and without permission invade someone's personal privacy.

Publication of Private Facts - This can occur if you publish facts that are true but not newsworthy and the resulting publicity is highly offensive to most people.

False Light - False Light is similar to defamation. It can occur when significant information about someone or something is either omitted from or added to a story such that the person is cast in a false light.

Appropriation or Right of Publicity - This can occur if you take someone's name, likeness or personality and use it for advertising or commercial purposes or for your own use and benefit.

You need to be careful of whose images you use in your web page.

Some people, particularly famous people, can prevent you from using their image to promote something that they didn't authorize.

When you use a photograph of people, you generally need toget permission not only of the people depicted in thephotograph for privacy or right of publicity reasons but also of the person who took the photograph for copyright reasons.

Posting someone's private writings could be a violation of their privacy.

Revealing personal or private facts about a person could also violate their privacy, even if they are true.

5. DEFAMATION - Defamation, also known as slander or libel, is an untrue statement that damages the good name of a person or company.

Did you know:

You could libel, or defame, someone if you post something on your web page that is false about that person and it hurts their reputation.

Even if you didn't know your statement was false you could stillbe liable if the injured person is not considered a "public figure."

If the person is a public figure, you could be liable if you make the false statement "with reckless disregard for the truth."

6. ADVERTISING - In general, it's okay for you to advertise your product or service on your website. However, AOL will remove your site if it: contains trademarked or copyrighted material or other proprietary material without the owner's permission is sexually explicit or vulgar promotes illicit materials or activity (e.g. drugs) defames anyone or any company.

We hope these tips are helpful -- they, of course, are no substitute for legal advice. If you are interested in learning more about these legal issues, we suggest you visit the following sites and, of course, consult a lawyer.

7. SITES TO VISIT --

Software Publishers Association - http://www.spa.org/piracy/iapc.htm

Law Journal Extra - http://www.ljextra.com/internet/