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 As business and communications move online so do legal customs, expectations and risks. In advising numerous web ventures we've developed a considerable library of resources and know-how. They are overviewed here under six headings. There's also quick links to past writing on website development and web ventures.
Call for a free-of-charge conversation, call Sydney on 9269 0229. Alternatively send an email and we'll forward the lastest version of our Website Development Checklist.
1. Business Structuring and Ownership
For a person or a company to own intellectual property and other types of assets you have to first identify the person or company. This identity is equally important when the work is legal protection against third party attacks.
The business structure which is to own, maintain and operate a website should be decided well before launch of a website. It will affect questions about the ownership, control and legal exposure of the website.
2. Content and Intellectual Property Ownership and Control
Content and IP can be either owned, licensed or given away. To own them you have to either create them yourself or acquire them from others. Licensing does not require a written agreement unless you wish to have exclusive rights and a high level of certainty as to your legal position.
There are many types of intellectual property connected with a website. For example, it can include domain names, trade marks, brands, copyright in various types of creative material, copyright in software or programming, and a patent over a business process.
Before launching a website it is best to determine what is owned, licensed or given away and where that information is recorded. One way of legally treating many of the issues is to prepare a good set of terms of use. Another is regular and consistent use of intellectual property notices, for example for copyright material and trade marks.
3. Legal Compliance and Protection
The breadth of business law is vast. Depending on what a website is about there may be a need to consider law relating to trade practices, financial services regulation, charitable fundraising legislation, anti-discrimination regulation, trade promotion law, defamation, privacy and of course a range of contract law considerations.
Compliance is about identifying what law might apply and then taking proactive steps to avoid breaches.
4. Website Development Agreement
A website developer is like the pilot for a passenger plane: a good one lands you safely.
Risk minimisation is increased by selecting an experienced developer. When appropriate it also helps to use:
- Website Development Agreement - with appropriate financial arrangements and definition of the scope of work.
- Technical Specifications - these define the technical standards which are to apply.
- Functional Specifications - these overview the practical operation of the website.
- Development Milestones - these can categorise work into tasks, persons responsible, deadlines and perhaps trigger points for payment.
5. Website Support and Hosting Agreements
Historically website support agreements and hosting agreements have not been as significant as they have become. Change is being brought about by increased use of e-commerce (eg online credit card transactions), greater dependence on site availability, increased requirements for content updating (eg with a blog or news feeds), and the general increase in the level of sophistication connecting software, servers and providers of various services.
For some websites it is critical to ensure that a complete marketing plan is in place with defined resources for implementation. For other sites the quality of the email server and its security can be critical. For e-commerce sites obviously the security of user data is vital. For interactive sites monitoring of user generated content is important for legal risk avoidance and public relations. Something as simple as failing to backup regularly can be catastrophic.
Call for a conversation or email us if you need legal or practical advice for website development or web ventures.
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Graphic: The opening photo is of Melvil Dewey
(1851-1931), inventor in the 1880s of the Dewey Decimal System. His
proprietary library classification system is protected by trade mark
and copyright law.
Other special collections
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