Who owns the content of your website?

<h1>Who owns the content of your website?</h1>Author: <a title="Pina Mazzotti" href="http://www.articlesbase.com/authors/pina-mazzotti/168615.htm">Pina Mazzotti</a> Ideally, a website owner should ensure that the website design and the content of the website are assigned to it or licensed to it for the necessary purposes. Failure to do so could mean that the website owner is infringing copyright, trade marks, design rights or registered designs. All website owners should be vigilant to ensure that, by featuring photographs, video clips, images, logos, trade marks and text on their website, they are not infringing third party rights. Those websites which allow users to post their own contributions are subject to the greatest risk, since they will be unable to control (at least initially) whether third parties' copyrighted material or trade marks are actually posted on the site. In very general terms, copyright in drawings, designs and other images will usually belong to the person who has created them or to his/her employer. Rights in film or video clips can belong to a number of different people (depending upon when and where the video or film is made) including the producer and principal director (or their employers), the author of the sound recording and performers. Trade marks will either belong to the person who has registered them at the relevant trade marks registry or (if they are unregistered marks) by the person who has designed them, or his/her employer or licensee. It will be important, therefore, when using any material on a website which the website owner knows has not been created by him to establish whether he is entitled to do so. Usually, it will be necessary for the website owner to have a licence from the copyright/trade mark owner for such use or (preferably) an assignment of such rights. For example, a photographer might have allowed a company to reproduce his photograph in a company brochure; such permission will not necessarily extend to use of that photograph on the company's website. However, in general terms a website user will not be prohibited from using a third party's trade mark if that use is to bring its services to the attention of customers, is used in accordance with honest practices, the use does not damage the reputation of the trade mark and the use is not designed to make people believe that the website owner is an authorised dealer in the trade mark owner's goods or services. However, ideally, advice should be taken before featuring any trade marks on a website. It is also possible for a website owner to infringe copyright or trade marks by using a third party's trade marks or logos in the metatags on the website in order to divert traffic to the website. Metatags are hidden key words within the HTML code that generates a webpage. Links from your website to another website also have the potential for causing problems (although this is something of a grey area). Links should ideally be to the homepage of the other website so that it is clear to users that they are leaving your website and entering another site. Always read the other site's terms of use, as some websites specifically prohibit linking. Ideally, you should obtain the consent of the other website to link to it. Featuring extracts of other people's website could also cause difficulties. Since a website is accessible worldwide, a website owner should also be aware that copyright and other rights issues may arise in respect of laws outside the UK. Website owners will also want to be reassured that their website does not have the same "look and feel" as those of its competitors, and that the website owner owns the design of the website. Subcontractors, such as website designers, are not the website owner's employees. It will, therefore, be important to ensure that a contract is in place with the website designer which deals with the ownership of the rights in the design and the software. Website owners need to be vigilant concerning the origin of website content. If the website owner or employees of his whose job it is to design website content have not created all of the content, then it is highly likely that the website owner should have either obtained consents, a licence or an assignment of the rights in the various elements of the website. For more information on <a href="http://www.harveyingram.com/legal-services/commercial-services/intellectual-property-and-media-domainnames.aspx" target="_blank" title="Protect Website Content">protecting website content</a>, please contact <a href="http://www.articlesbase.com/Biographies/pina-mazzotti.aspx">Pina Mazzotti</a> on <a href="mailto:pina.mazzotti@harveyingram.com">pina.mazzotti@harveyingram.com</a> or call 0116 257 6166.About the Author: Harvey Ingram LLP is a leading Midlands law firm, with offices in Leicester, Birmingham and Milton Keynes. Our reputation is reflected by our client base, which includes many leading organisations and individuals in the Midlands, the UK and internationally. We combine a longstanding reputation for quality and integrity with an innovative and practical approach, backed by investment in the latest technology. We have built our reputation by developing long term and mutually beneficial relationships with our clients.

We provide a comprehensive range of services to companies and private individuals alike and we are recommended in the Legal 500 for our expertise in sixteen distinct areas of legal service. Our quality of service is underpinned by our ISO 9001 accreditation.

We offer a partner led service, supported by enthusiastic and specialist teams of lawyers. We recognise that our success, and the contribution we make to our clients’ success, depends on attracting the best people and nurturing their talent, and we recognise and value diversity. We are proud to have been awarded the Investors in People and Positive about Disabled People accreditations.

One of our core objectives is to contribute positively to the community in which we live and work and we are actively involved in a number of community based projects and initiatives throughout the Midlands. We pledge to work with you to find the solutions to your legal requirements and to provide a service which is competitively priced.Article Source: <a href="http://www.articlesbase.com/">ArticlesBase.com</a> - <a href="http://www.articlesbase.com/cyber-law-articles/who-owns-the-content-of-your-website-965897.html" title="Who owns the content of your website?">Who owns the content of your website?</a>

Ideally, a website owner should ensure that the website design and the content of the website are assigned to it or licensed to it for the necessary purposes. Failure to do so could mean that the website owner is infringing copyright, trade marks, design rights or registered designs.

All website owners should be vigilant to ensure that, by featuring photographs, video clips, images, logos, trade marks and text on their website, they are not infringing third party rights. Those websites which allow users to post their own contributions are subject to the greatest risk, since they will be unable to control (at least initially) whether third parties' copyrighted material or trade marks are actually posted on the site.

In very general terms, copyright in drawings, designs and other images will usually belong to the person who has created them or to his/her employer. Rights in film or video clips can belong to a number of different people (depending upon when and where the video or film is made) including the producer and principal director (or their employers), the author of the sound recording and performers. Trade marks will either belong to the person who has registered them at the relevant trade marks registry or (if they are unregistered marks) by the person who has designed them, or his/her employer or licensee.

It will be important, therefore, when using any material on a website which the website owner knows has not been created by him to establish whether he is entitled to do so. Usually, it will be necessary for the website owner to have a licence from the copyright/trade mark owner for such use or (preferably) an assignment of such rights. For example, a photographer might have allowed a company to reproduce his photograph in a company brochure; such permission will not necessarily extend to use of that photograph on the company's website.

However, in general terms a website user will not be prohibited from using a third party's trade mark if that use is to bring its services to the attention of customers, is used in accordance with honest practices, the use does not damage the reputation of the trade mark and the use is not designed to make people believe that the website owner is an authorised dealer in the trade mark owner's goods or services. However, ideally, advice should be taken before featuring any trade marks on a website.

It is also possible for a website owner to infringe copyright or trade marks by using a third party's trade marks or logos in the metatags on the website in order to divert traffic to the website. Metatags are hidden key words within the HTML code that generates a webpage.

Links from your website to another website also have the potential for causing problems (although this is something of a grey area). Links should ideally be to the homepage of the other website so that it is clear to users that they are leaving your website and entering another site.

Always read the other site's terms of use, as some websites specifically prohibit linking. Ideally, you should obtain the consent of the other website to link to it. Featuring extracts of other people's website could also cause difficulties.

Since a website is accessible worldwide, a website owner should also be aware that copyright and other rights issues may arise in respect of laws outside the UK.

Website owners will also want to be reassured that their website does not have the same "look and feel" as those of its competitors, and that the website owner owns the design of the website. Subcontractors, such as website designers, are not the website owner's employees.

It will, therefore, be important to ensure that a contract is in place with the website designer which deals with the ownership of the rights in the design and the software.

Website owners need to be vigilant concerning the origin of website content. If the website owner or employees of his whose job it is to design website content have not created all of the content, then it is highly likely that the website owner should have either obtained consents, a licence or an assignment of the rights in the various elements of the website.

For more information on protecting website content, please contact Pina Mazzotti on pina.mazzotti@harveyingram.com or call 0116 257 6166.

Harvey Ingram LLP is a leading Midlands law firm, with offices in Leicester, Birmingham and Milton Keynes. Our reputation is reflected by our client base, which includes many leading organisations and individuals in the Midlands, the UK and internationally. We combine a longstanding reputation for quality and integrity with an innovative and practical approach, backed by investment in the latest technology. We have built our reputation by developing long term and mutually beneficial relationships with our clients. We provide a comprehensive range of services to companies and private individuals alike and we are recommended in the Legal 500 for our expertise in sixteen distinct areas of legal service. Our quality of service is underpinned by our ISO 9001 accreditation. We offer a partner led service, supported by enthusiastic and specialist teams of lawyers. We recognise that our success, and the contribution we make to our clients’ success, depends on attracting the best people and nurturing their talent, and we recognise and value diversity. We are proud to have been awarded the Investors in People and Positive about Disabled People accreditations. One of our core objectives is to contribute positively to the community in which we live and work and we are actively involved in a number of community based projects and initiatives throughout the Midlands. We pledge to work with you to find the solutions to your legal requirements and to provide a service which is competitively priced.

Rate this Article:

0 / 5 stars - 0 vote(s)

Re-Publish

Article Source: http://www.articlesbase.com/cyber-law-articles/who-owns-the-content-of-your-website-965897.html

Article Tags: Websites, Solicitor, Lawyer, Intellectual Property, Pina Mazzotti

Related Videos
Related Articles
Ask / Related Q&A

Play

Potato Champion

Play

How to View Website Owner Information in Firefox 3

Play

Small Business Stories - Valeska Jacques

Play

How to find out how long it takes for your users to click

Play

How to Optimize a Website - 5 Easy SEO Tips

Latest Cyber Law Articles
More from Pina Mazzotti

Obtaining the Accurate Bail Bondsman

By: bail bondsman | 12/12/2009
Although the defendent is in jail or perhaps the court date may possibly be in pending, the bail bondsmans is there to post bail money for the person detained. Bail money is used as indemnity that the defendant will show up to court to hear the hearing and accept his or her sentence. At times it takes time to get out of jail , and for some a bail may be their only recourse. Wanna get out of prison ? for knowing more about bail bondsman...

A Federal defense and sex crime attorney’s advice on staying out of prison when computer dating

By: Gregg Stark | 07/12/2009
The internet and cell phone technology have become a wonderful and widespread resource for singles (and others) looking to find a loving relationship. However, as federal attorneys and sex crime lawyers know, this form of dating is not without potential legal peril. If you or a loved one is engaged in internet dating or wireless communication, here are some tips that one must be made aware of:

The Things You Have To Know In Case You Get In An Auto Accident

By: Dmytro Fedosyeyev | 03/12/2009
Cases as a result of physical injury that happen after auto accidents are many and they happen all the time such that one may sue or be sued as the contributor of the other party's loss.

Finding A Skillful Medical Malpractice Attorney

By: Dmytro Fedosyeyev | 03/12/2009
In many cases, the negligence of others hurts people, and if they do not know what steps to take to get justice, they may ignore it

Home Based Business Start Up Plan

By: Rowell Hammer | 22/11/2009
Online marketing is a puzzle to many would be online marketers. They have very little trouble settling on a online business but when it comes to marketing it successfully many times struggle. Marketing your internet business is not as hard as you might guess, it only takes a few steps of planning and pre-thought to be successful.

Cyber Stalking Facts

By: Nikkita Chan | 21/11/2009
Cyberstalking is a recent form of criminal behavior involving persistent threats or unwanted attention using the Internet and other means of computer communications.

Video Game Systems Reveiw

By: Xavior | 20/11/2009
Out of all the available Video Game Systems, the new Wii is the most addictive, intuitive and fun. They chose not to compete with Xbox 360 or PS3 , graphics wise and concentated on the Wii remote control, a fantastic motion-sensitive controller that can

Scalp Psoriasis Treatment Whats Your Best Option

By: Alton Buckland | 19/11/2009
Scalp psoriasis is when the psoriasis appears on the scalp of the head, and it can either occur only on the scalp alone or the scalp and parts of the body as well. Scalp involvement is often accompani

Is all your company’s software properly licensed? Trading Standards are now using powers to take criminal action against unlicensed software use

By: Pina Mazzotti | 11/06/2009 | Software
Unlicensed use of software, including business software, is said to cause huge losses to the creators of that software; recent estimates suggest global losses of around US$ 30 billion annually.

Damaging comments appearing on blogs and message boards

By: Pina Mazzotti | 11/06/2009 | Blogging
Highly damaging comments about our company and managing director are appearing on blogs and message boards. The comments are anonymous but are causing us real difficulty, as well as embarrassment. Is there anything that we can do to stop this?

Who owns the content of your website?

By: Pina Mazzotti | 11/06/2009 | Cyber Law
Website owners need to be vigilant concerning the origin of their website content. If the website owner or employees, whose job it is to design website content have not created all of the content, then it is highly likely that the website owner should have either obtained consents, a licence or an assignment of the rights in the various elements of the website.

Resolving domain name disputes

By: Pina Mazzotti | 11/06/2009 | Cyber Law
Increasingly frequently more and more businesses are promoting themselves via their websites, leading to many of the most popular domain names getting snapped up, and in some cases duplicated, prompting ill-advised and expensive domain name litigation. Pina Mazzotti outlines what can be done to resolve domain name disputes.