If An Online Photo Does Not Have a © or a Watermark, Can I Use It?

CMRS Law Common Questions, Copyright

Probably not.  There is a common misconception that if a photograph does not have the little ©, or some sort of watermark designating the picture as belonging to someone else, it is not protected by copyright law and is free for the taking.  That is simply not true.  Copyright protection attaches the moment an author fixes a form of creative expression …

Does Your Employee Own Your Company’s Social Media Account?

CMRS Law Employment Law

Who owns your company’s social media account? Does it belong to your business or the employee who created the account to promote your business? Absent a social media policy, the answer is not always clear and can result in costly litigation. Ownership of the account has huge implications regarding who can access the account. If an employer takes over an …

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 …