Stopping Cyber-Squatters with the Uniform Domain-Name Dispute-Resolution Policy (UDRP)

CMRS Law Internet Law, Trademark

Imagine a website pops up with your business’s name in the domain (or a common misspelling of your name).  The page starts to show up on the front page of Google when customers search for your business and upon first glance looks like your website, easily confusing your customers.  Maybe the purported owner of this new domain contacts you offering …

Who is Liable for Infringing Media on My Website: Me or My Web Designer?

CMRS Law Copyright, Internet Law

Both of you can be held liable.  As the end user that financially benefits from your website and because you have the ability to direct and supervise your web designer, you are liable for any copyright infringement committed by your web designer.  This is true whether or not you or your web designer actually knew that he or she infringed …

How Can Your Business Avoid Liability as a Result of Third Party Postings on Your Website?

CMRS Law Internet Law

If you are a website owner, you probably wonder whether you may be sued for content, like comments, photographs, or videos posted on your website by third parties.  Section 230 of the Communications Decency Act (CDA) may offer you some relief. Immunity under the CDA The CDA is a federal law enacted by Congress to promote the flow and free …

Digital Millennium Copyright Act Safe Harbor Provisions

CMRS Law Copyright, Internet Law

If you operate a website that allows users to post or generate content, you may be liable for contributory copyright infringement.  With statutory damages between $750 and $30,000 per work, or actual damages, available to aggrieved parties, liability for infringement can easily run into the millions of dollars.  Luckily for online service providers, the Digital Millennium Copyright Act of 1998 …