In Parts one and two of this series, I addressed some important questions about creating or updating your online marketing efforts. The last question you should ask yourself before implementing a new or improved feature of your online marketing or website strategy is “Is this feature or anything associated with it against the law or in violation of a Terms of Service agreement I’ve accepted?”
DISCLAIMER: I am not a legal expert and none of this should be construed as complete legal advice. Consult your own legal professional before acting upon any of the suggestions given.The web moves fast, and in some cases the law struggles to keep up with technology. Laws about privacy and communication on the internet are always changing, so it’s a good idea to keep up-to-date as best you can with at least the major issues, and rely upon a reputable web development company and a good lawyer to guide you through some of the intricacies of internet law. Web Site Legal Issues on bitlaw.com outlines the major legal concerns for websites, including copyrights, trademarks, defamation and others and is a good starting point.
Here are a few common examples of legal pitfalls you can easily avoid with just a little knowledge about them beforehand:
Email Mailing Lists and SPAM
No one likes spam OR spammers, therefore, sending marketing communications via email can be tricky just from a reputation standpoint. Did you know, however, that it can also be considered illegal and if you’re found guilty by the FTC of violating the CAN-SPAM Act, that you can be fined up to $16,000 per email? There are a few things you need to be aware of and comply with when you send bulk promotional email. For example, according to the FTC, all promotional bulk emails,
- “…must include your valid physical postal address”,
- “Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future” and
- “You must honor a recipient’s opt-out request within 10 business days”
…to name a few, and there are other compliance requirements that you can read about on the FTC’s website.
In response to current problems and in anticipation of future issues, a new bill to curb SPAM text messages was introduced this year in the US Senate, and there is a SPAM bill currently making its way up the government ladder in Canada, which is expected to be passed by the end of the year. Several people, including CAUCE believe the current US CAN-SPAM law does not go far enough and should be amended – which it most certainly will be in the near future – it’s just a matter of when. So if you’re currently sending or are interested in sending marketing messages via email or SMS, watching legislation for changes should be a priority.
TOS
Especially with the rise of so many social media outlets, one of the trickiest things to sort out can be what you’ve agreed to in individual TOS agreements.
For example, and this is where some businesses get this wrong – as a business, you cannot have a Facebook Profile Account. You can have a Fan Page, but not an individual Profile. Facebook’s TOS under section 4 – Registration and Account Security states “You will not use your personal profile for your own commercial gain…” Therefore, if you create a Facebook Profile for your business, you risk Facebook closing your account and losing all of your data and “friends” associated with that account.
As more social media sites crop up, this will be something to watch carefully and make sure you’re reading the small-print when you’re signing up for all these accounts with your business name attached to them.
Copyright
True or False?
“Everything on the internet (text, images, movies, music) is Free.”
The answer of course is False, which most people are now aware of due to education efforts and media coverage regarding copyright law and intellectual property rights. Never-the-less, some people are still not aware that putting copyrighted images, text, videos and other media on their website is technically considered ‘publishing’ and could get them into legal trouble, with potentially severe consequences.
Most people who infringe upon someone’s copyrights will just receive Cease-and-Desist letters, but others have been sued and lost hundreds of thousands of dollars (there are lots of cases in the Citizen Media Law Project’s database).
For a quick overview, 10 Big Myths about copyright explained by Brad Templeton is a much-quoted question-and-answer simplification of what is and is not copyright infringement, and is required reading for anyone who wants to use images, text or other content obtained from or created by someone else on their site, their user profile on a social media site, etc. (which is everyone).
There are several really easy ways to avoid getting in trouble with the law, without sacrificing a ton of your time coming up with everything on your own. If you find content on some other site that you want to put on your own site, the polite thing to do is simply to ask. Many sites that have desirable content usually have some kind of disclaimer or explanation about how they allow (or don’t allow) their content to be distributed by third-parties (you). Many bloggers and software developers use a Creative Commons license, which outlines usage in several easy-to-understand variations.
Once you understand the basics about copyright, it’s actually quite easy to stay in compliance, and may actually help you become a better web-citizen.
Generally, the legal landscape in regards to the internet isn’t that much unlike the legal landscape in any other areas, and it should definitely not deter you from implementing some great new features in your internet marketing efforts. A little scrutinization from a legal perspective at the beginning of your project can save you some time, frustration, headaches and money down the road.
Thoughts?
Have any feedback or suggestions? Did I forget something in any of my three articles? Let me know! Leave a comment below.