Developing Web Content
The Web has the reputation of being like the "Wild West" where normal rules don't apply:
You can freely use anything from anyone's Web site, and vice versa, without penalty? (Not true.)
Anything you publish on the Web can and will be "borrowed" by someone without your permission. (This is technologically true in most cases, but there are steps you can take to protect your work.)
You can post anything on the Internet about any person or product, true or not, without fear of legal retribution? (Not true.)
Fortunately for the future of creativity and commerce, business rules apply on the Web, enabling creative and ambitious people who develop their ideas on the Web to reap the benefits of their work. Truth is still truth, on-line and off, so concepts like fraud, defamation, and liability transfer to the cyber world from the real world.
Copyright and Trademarks
Copyright
Copyright is just what it sounds like-the right to make copies of (reproduce) a work. Categories of creativity protected by copyright include computer programs, literary works, movies, graphics and art, photos, sound recordings, and audiovisual presentations. "An original work fixed in a tangible medium of expression" is automatically accorded copyright protection at the time of creation. We have all created many, many "copyrighted" things, from the time we scribbled with crayons in preschool to today, when we sent an e-mail to someone.
It is the tangible expressionof an idea that is copyrightable, not the idea, itself. The ideaspresented by the copyrighted material are notprotected by the copyright. Your HTML code or JavaScript is protected by copyright, but the ideas presented by the code are not usually protected, unfortunately. Patents, which are another form of intellectual properties, protect ideas.
The ownership of a copyright may be the source of dispute. Usually, the creator is the owner of the copyright. Frequently, an employer owns the copyright of the results of an employee's work. Employer ownership is not automatic, however. If the employee performed the creation as a normal part of doing "the job" while working at "the office" using the employer's property, then this is probably classified as "work for hire" or "work product." The employer, who pays for the work that created the copyrighted material, usually owns the results. As usual, discussing this issue prior to initiating work and documenting that agreement in a written, signed contract, with the assistance of an attorney, is usually the safest course. Many times, as a part of the new employee "orientation" process, new employees sign a contract in which they waive their ownership of anything that they may create during the course of their employment.
It is a verygood idea to put the world on notice that you own the copyright to your work, although in the United States, it is not a requirement. You notify the world of your copyright ownership by marking your work with the copyright symbol (the c in the circle, like this ©) or the word copyright,the year of the first publication, and the name of the owner. Frequently you will also see the words, "all rights reserved" as well:
"© Your Company, 1999. (orCopyright, Your Company, 1999.) All rights reserved."
(Many newer software products will automatically put a circle around the c for you when you type the c within a set of parentheses.)
In specific situations, you can use copyrighted materials. This limited use is called "fair use." This is a very sensitive area. Typically, fair use is use for reporting, education, and criticism. For these purposes, limited use of excerpts is allowed. A TV movie review show wouldn't be as interesting or as effective without the movie clips we see during the reviews. These clips are not usually used so extensively that we lose desire to see the movie, so there is no economic damage to the movie from the use of the clips. (The review may inflict economic damage, but that is another issue.) Do not assume that you can freely use copyrighted material under fair use. This is a very complex area, and the damages can be significant. Check out the Web site fairuse.stanford.edu for more information on fair use.
In late 1998, the U.S. Congress passed the Digital Millennium Copyright Act (DMCA) to update copyright laws and regulations. It has some provisions that may affect fair use. The primary focus appears to be offering some protection from copyright infringement liability to the businesses and individuals in the Internet information distribution chain. Basically, it allows Internet service providers (ISPs) to make copies of digital transmissions in the normal process of performing their transmission services without fear of infringing on the copyrights of the transmissions' contents. In addition, it also appears to release providers of information location tools (search engines) from liability for copyright infringement if use of their "tool" results in a link to a site that infringes on someone's copyright.
The DMCA does impose a new requirement on the Internet industry. It requires the registration of a designated agent to receive notification when someone has posted something objectionable (or infringing) on an organization's Internet resources. The recipient of this notification is then required to remove the offending material "expeditiously" or "to remove or disable access." This appears to address situations where someone puts infringing material on a Web site or posts infringing information on an electronic bulletin board or news group. The key here is to identify, and register,an individual to receive the complaints. The Register of Copyrights in the Copyright Office receives and retains this information.
Since the DMCA is so new, it is impossible to know what kind of rules, regulations, and case law will develop over time. So keep watching for more information about the DMCA and its impact on cyberspace.
Trademarks
A trademark is different from a copyright. It is best to hire the services of a trademark or intellectual property attorney for federal registration. Ownership of a copyright vests in the creator at the time of creation. Trademark ownership is notautomatic. There is a complex application process, and research is required before an approval for trademark ownership is obtained.
You don't automatically receive a trademark just because you have requested it. First you must demonstrate that you are using the mark or have an immediate intent to use the mark. Then there must be a search to see if any other organization is using the same trademark in the same class of goods or services. There cannot be two registered trademarks for "widget" if both of them are in the same class (software, for example). The same trademark name may be used by differing organizations in differing categories-Digital Equipment Corporation registered the word "VAX" as the trademark for a computer. Another company registered the same word as the trademark of its vacuum cleaner. Both were acceptable registered trademarks because most people would not have confused the two.
A thorough search of trademarks is required (and the safest course of action). This is usually best done by an attorney who specializes in trademarks or in intellectual property (IP). You can do some checking yourself at Web sites like www.uspto.gov/tmdb/index.html.
The purpose of registering a trademark is to establish exclusive ownership of an identifiable trade name. A trademark may be a symbol, a graphic, a word or phrase, even a sound, and, rarely, a color. Once you have survived the process and been awarded your trademark registration, you must protect your trademark, or it could be lost.
For maximum protection in the United States, a trademark must be registered, either with a state registry or, preferably, with the U.S. Patent and Trademark Office, or both (ask your attorney). Once awarded, a registered trademark is usually viewed as a valuable company asset. Registering a trademark in the United States does notautomatically give you an international registration, unfortunately.
After your trademark registration has been awarded by the U.S. Patent and Trademark Office, you are entitled (and very strongly encouraged) to mark your registered trademark with the R in the circle ® beside it. Only trademarks that have survived the registration process with the U.S. Patent and Trademark Office are entitled to use the ®, which indicates a registered trademark. If your trademark is not registered with the U.S. Patent and Trademark Office, do not use the ® mark beside it. You can use the TM while you are in the registration process even if you are not planning on registering immediately. But you must make sure that you are not interfering with someone else's mark.
If you have permission from a trademark owner to use their trademark on your Web site, ask them how they want it presented and then be sure to respect their requirements. For example, your company may have a business partner whose products you sell, and, assuming that those product names have registered trademarks, you will probably want to use those trademarks on your Web site, and your business partner will probably want you to use them. Many company logos are trademarks, and they are always a specific size or a specific height to width ratio, specific colors, specific fonts, etc. They may also be given to you as a graphic file.
Your business partner may require everyone who uses their logo to place the logo in the upper left side of each page (or lower right, or whatever). Whether the trademark is a graphic or a word, there is usually a required credit line at the bottom of the page giving the specific text used to reference the trademark. For example, "This is the registered trademark of the XXX Corporation." If you don't follow the guidelines for the use of your partner's trademark, you may be viewed as infringing on it. It's better not to use their trademarks at all rather than use them inappropriately or outside of the guidelines.
For more information about trademarks in general, go to www.uspto.gov/web/menu/tm.html.
Trademarks and Meta Tags
In the endless games that Web developers and search engines play with each other, meta tags are an important component. Some developers and/or Web site owners have added a new wrinkle to this game that seemslike smart search engine gamesmanship. They add the names of their competitors' products and services to the list of key words in the key word meta tag. For example, if your company's competitor had an extremely popular product named "Smith's Extra Fast Printer," your company would probably want to divert sales for that product to one of its own, "Jones' Equally Fast Printer." In this case, it mightseem like a good idea to add the phrase "Smith's Extra Fast Printer" to the list of key words in the key word meta tag. But particularly if "Smith's Extra Fast Printer" was a registered trademark of Smith's company, your company could be making a very expensive mistake.
Do not make the mistake of assuming that the Smith company will never find out about this particular game. Companies are bombarded by services promising to move them "up" in the search engine results, so people are paying attention to what is happening with the search engines and their products or services. The Smith company will probably discover your company's games and not be happy with what is happening. They could easily take the view that you are infringing on their trademark, and they would appear to have a very good case. Your company could be quite expensively embarrassed.
Five Basic Sources of Web Content
As we have noted in earlier chapters, successful Web communications models are, in many cases, duplicates of successful physical models, like a comprehensive book or music catalog. In another parallel with the physical world, successful Web sites, from a legal point of view, are also built on the model of a business that is compliant with the applicable laws and regulations. To act otherwise is to put yourself and your organization at risk.
Once you have developed your plans and mapped out your audience interactions, you will start developing your Web site's contents. For the purposes of this chapter, we will define Web contentas the text, graphics, and design of each page. Ownership of that content is extremely important, and this is when Web developers and Web site owners must exercise caution and good judgment. Using someone else's content without their written permission is as bad a decision on the Web as it is in the rest of the business world. To the best of your abilities, refrain from using material on your Web site for which you do not have the permission of the creator or owner. To do otherwise is to invite embarrassment and loss of reputation as well as to put significant amounts of money (and, maybe, your job!) at risk.
There are numerous sources of content, but, from an ownership point of view, it all boils down to five basic sources, and each has its own issues:
- Original content developed by you or your organization's employees
- Original content developed by an individual or organization outsideof your organization at your direction (e.g., a Web developer or a graphics designer who works independently or for another organization).
- Previously purchased content being repurposed for the Web site.
- Borrowed content used without the need to pay the person who created it or the person or organization that legally "owns" it. This content may legally be used for free.
- Borrowed content used with the specific permission of the owner to include it on the Web site in exchange for the payment of a fee or the purchase of a license to use the content.
The following is a detailed discussion of these five situations:
- Original content may be created specifically for the Web site by company employees, or existing company-owned materials (e.g., the contents of the organization's personnel manual) may be modified for Web use. (For a discussion of repurposed material, see item 3.)
If you are an employee of the organization, doing your job, the organization that pays your salary usually owns the output of your work. This situation is classified, in legal terms, as "work for hire" or "work product." You do not own the output of your work. Your employer does, and they have the right to use it. So anything that you create for your employer in the normal course of doing your job, your employer has the right to put on the Web site without your expressed permission.
- Original content developed for the Web site by individuals or groups outside of the Web site owner's organization may be used on the Web site, in accordance with the terms and conditions of the agreement between the Web site owner and the outside organization.
This content is also usually new, at least for this organization or Web site, and it may or may not have been developed specifically for this Web site. The Web site's owner usually pays to purchase or license this content, either with money or with some other form of compensation.
This is also usually classified as "work for hire" or "work product," and ownership of the results of the work (the contents developed, in this case) resides in the organization that paid for its creation, not in the individuals who created it. In some cases, the originating organization continues to "own" the content, and the Web site's owner pays for a license to use it for a specified period of time.
At the beginning of the Web site development process, both parties should sign a contract specifying the terms and conditions of the relationship between the two organizations. These terms and conditions should include when ownership of the content (copyright) transfers from the creator organization to the Web site owner organization, the price to be paid, deadlines for creation and payment, and who is responsible for what.
- Repurposed content created for another purpose but used on the Web site. If existing company materials (e.g., the contents of the organization's personnel manual) are being modified for use on the Web site, check into the background of that material if possible to see who owns what and for what specific use and time frame.
Your organization's staff probably created much of the material being repurposed at some point in the past. On the other hand, people or organizations from outside your organization may have also created some of it (e.g., the photography or some of the graphics). Before using material created by someone from outside of your organization, you need to check with the terms and conditions of purchase, or of the license to use, to see if using the material on the Web site is in compliance with those terms. In many cases, the materials were developed before the Web was even a glimmer on the horizon, and the terms of the agreement do not include permission to use the material on a Web site. Check with an attorney to see how you should proceed in this situation.
If the terms and conditions prohibit use of the material for anything other than the original purpose or certain other restrictions on use (maybe time frame, distribution method, or quantity produced), you will need to make a change. You should go back to the originator and get the permission that you need, through a new agreement or a modification of the existing one so that you are in compliance with it. Or, you need to find or develop a substitute if agreement cannot be reached.
Unless you know to the contrary, assume that you will be violating an old or existing contract by posting material on the Web site. Using the personnel manual as an example, there are companies and consultants who create personnel manuals for organizations as a product with a price tag and associated terms and conditions. Over the past few years, publishing the contents of an organization's personnel manual on the Web has become much more common (on an intranet, for example), so existing contracts may address the issue, like allowing the publication on an intranet but not a public Web site. If your personnel manual, or other content, was originally created several years ago, you would be very wise to check into the contract that was the basis of that work. In many cases you will find that distribution and copying are limited to the traditional forms. Check before you proceed.
- Borrowed content that may be used without permission or payment is content in the public domain, like Shakespeare's works, many government documents, and other works whose author or creator has been dead for more than 70 years. You need to be very careful with this category as well. It is not as simple as it looks. You can do some research into what is the public domain at lcweb.loc.gov/copyright/circs/circ22.pdf.
You might think that a very popular and ubiquitous cartoon mouse is in the public domain, but that character is also a famous company's trademark. Use that mouse or any other organization's trademark at your peril. Better yet, do not even think about using any trademark but your own on your Web site unless you have obtained written permission. It is best to use an attorney experienced in the field to research trademark ownership.
On the other hand, very rarely an owner or creator may grant a blanket permission to use their work without any compensation for its use. For example, there are some Web sites that offer "free" graphics for use on Web sites. You need to be cautious here, too, however, because usually that permission has a caveat that limits use without payment to noncommercial use only, and payment is required before commercial use. Typically, noncommercial use means use on personal Web sites, not the Web site of a for-profit or a nonprofit organization. Read the terms on the Web site to see how noncommercial use is defined to see if it applies to your proposed use. If noncommercial use is specified as approved but there is no definition of noncommercial use, ask!Even charities and other nonprofit organizations need to pay for some things. So don't assume that your church's or your PTA's Web site can freely use other people's works without permission andcompensation.
- Borrowed content may be used with the specific, usually compensated, permission of the owner/creator organization. This kind of content may be the trademark of a business partner, like the trademarked name of a product (which is usually provided for free if credited appropriately). It may be a quote or section from a book or article and must be used with permission and specific credit to the original source. There are organizations (with Web sites) where you can research the need for permission, the terms, and the associated costs. Check out www.copyright.comand www.icopyright.comfor more information.
Developing a Safe Linking Strategy
Pointing to Web sites outside your organization's Web site is something to approach cautiously. Along with the obvious concerns about losing visitors and keeping outside links live, you should also be concerned about what the visitors might find at the linked site. Don't forget that, depending on how you approach this issue, the site that you are linking to may not be thrilled with your generosity.
Do not assume that your external linking strategy is your little secret. It's not. For some time, search engines like AltaVista (www.altavista.com) and HotBot (www.hotbot.com) have had the capability of doing a "reverse" search. This means that you can put a URL into the search field and have the search engine search for sites linking tothat URL. (It's a little more complicated than that, but not much!) There are also Web-based services that "sweep" the Internet for Web site owners, gathering the URLs of Web sites that link toa specific URL. So the Web site owner willfind out eventually.
Unpleasant Surprises
You may be providing links to other sites as a service to your visitors. If you do, it's usually a good idea to offer a fairly prominent disclaimer indicating that you are providing a service and have no control over what someone else puts on their Web site. Always offer visitors the opportunity to provide you with feedback, so that they can let you know if something is not appropriate or offends them. It is also a good idea to methodically and periodically review the content at the end of those links, just in case a new ownership has a new philosophy that differs from yours or from the original owner's.
Unhappy Linkees
Most of the time, Web sites are thrilled, or at least pleased, to have "inbound" links (other Web sites that point visitors to their Web site). However, you can change that attitude very easily by the way that you provide those links. You will have unhappy "linkees" (sites to which you link from your Web site) if you
Link to their site solely for the purpose of "borrowing" a graphic
Disguise the identity of the site you are linking to (as in a frame) so that you get the credit and the revenue while someone else does the content development
Offer your visitors a link into a "members only" area to which the linkee is otherwise trying to limit access
Imply that there is more of a relationship between your two organizations than there actually is
For example, occasionally someone will find a graphic that they particularly admire and want to use on their site. They do not want to be accused of "stealing" it, so they just pull it into their site via a link from its home site. They use the <IMG> tag, pointing to the URL where the "live" image appears. This kind of action has created consternation. Most notably, a cartoonist had a fan link to a selection of the cartoonist's strips from the cartoonist's Web site. The link pulled those strips into the fan's Web site. Some might see this as flattering. However, copyright and trademark holders probably would not appreciate it. The cartoonist and his publisher felt that this link infringed on the cartoonist's copyright and also on the cartoonist's trademarked characters. Unprotected trademarks may be at risk of losing their trademark status, which would have put a big dent in the cartoonist's bank account. So you can imagine why the cartoonist was not pleased. He took action against his fan to protect both his copyright and his trademarks.
In another famous situation, a Web site focused on collecting the latest news from the best sources linked to many of the major news Web sites (CNN, etc.). These major news sites were not pleased with those inbound links because although their news pages were shown to a group of visitors, those visitors could not see which Web sites were actually the sources of the news. The news collection site was using frames, and frames technology displays only the parent URL in the browser location field. So the only URL displayed was the URL of the news collection site, not the news services sites that were the actual sources of the content. Thus, the framing Web site was generating revenue from the work of the true news services through the advertisers on his own site while hiding the URL of the news services. This practice was challenged as infringing on the copyright of the news services' Web sites, and the framer was forced to change his site.
Copyright and trademark owners are rightfully concerned about protecting against infringement on their property.
Happy Linkees
At this time, it does not appear to be illegal to link to another site without asking permission first. (It may be bad "netiquette," but not, apparently, illegal.) To keep the recipients of your outbound links happy, respect their ownership of their own intellectual property (trademarks, copyright, etc.):
Use a basic link with the name of the company or organization spelled out and underlined, as usual.
Only use their trademark as a clickable icon (link) if you have their written permission to display their trademark on your Web site.
Do not put their content inside a frame. Many public service Web sites will offer you blanket permission to link to them as long as you don't do it using frames.
Politely ask permission to link to the linkee (a quaint practice, perhaps, but a nice one, as long as you are willing to accept a negative answer and act appropriately).
Bad netiquette will probably ultimately lead to bad economics, so "play together nicely," as your first-grade teacher taught you a long time ago.
Advertising on the Internet
Many courts and governmental authorities are taking the view that the entire Web site is an advertisement, so the laws governing advertising, as well as the rules and regulations, are being applied to Web sites, too.
Truth in advertising applies to the Web as well as to the rest of the marketing communications world. Just as an unfair or deceptive commercial or print advertisement will get the advertiser into trouble in the real world, so will the same false claim get the advertiser into trouble on the Internet. The U.S. Federal Trade Commission (FTC) has documented its position that "Web site designers . . . also may be liable for making or disseminating deceptive representations."
Both inside and outside the United States, consumers are, in general, a protected group. In the United States, the Federal Trade Commission Act established the FTC, with broad responsibilities for business regulation. There are also many other different federal government agencies inside the United States protecting the consumers of different industries (e.g., the Food and Drug Administration focuses on food and drugs, the Securities and Exchange Commission focuses on the securities industry). Different laws affect various aspects of the purchasing process (e.g., Truth in Lending Act, Fair Credit Reporting Act). To the extent that a Web site participates in lending and credit reporting or sells food or securities, those same rules and regulations would probably also be applied to the Web site.
In the United States, state and local governments are also involved. The 50 states have state consumer protection laws, with rules and regulations enforced by the 50 state attorneys general. In addition, since the Web is worldwide, there are laws, rules, and regulations from outside the United States that may also be applied.
For some guidance, the FTC's Web site offers an amazing range of information and guidance. Check out the site at www.ftc.govand also at www.ftc.gov/bcp/guides/guides.htm. In addition, the FDA also provides guidance on its rules and regulations at www.fda.gov/opacom/morechoices/transcript1096/fdainet1.html.
This lab will attempt to address only those regulations and requirements that seem to cross the most industries. Be sure to research what applies to your industry and geography, and get professional advice from an attorney familiar with that particular area.
The bottom line is that, assuming that your organization complies with all relevant local and federal advertising regulations in its other advertising, then those same rules and the people with that knowledge should be participating in the development of Web site content. The "wild card" in this is the international aspect that applies to the World Wide Web. If you have a question, or even a doubt, contact an attorney with relevant experience, and get professional advice.
Truth in Advertising Applies on the Web
The U.S. Federal Trade Commission Act specifies the rules that apply to advertising at the national level. An advertiser cannot lie in an advertisement. Advertisers must back up the claims in their ads with some substantiation, and an advertisement cannot be unfair or deceptive.
Unfair or Deceptive Advertising
To be compliant, advertising must be truthful and should not present the truth in a way that is misleading. An omission is viewed in much the same light as a misrepresentation. This means that omitting information relevant to the claim is not a good thing to do. For example, selling a "Swiss" watch that was not manufactured in Switzerland is deceptive. Omitting the information that the watch was manufactured in Thailand, notSwitzerland, is, effectively, being untruthful, even if you actually bought the watch in Switzerland. The country of manufacture is relevant information for a consumer who wants to purchase a "Swiss" watch.
What is unfair or deceptive as defined by the FTC?
An unfair ad is likely to cause an injury to a consumer that is substantial, not outweighed by other benefits, and not reasonably avoidable by the consumer.
An ad is deceptive if it contains a statement that is likely to mislead a consumer by providing seemingly relevant and important information that should not be accepted at face value. It can also be deceptive by omitting to include relevant and important information.
If you have a disclaimer to make, do not hide it, and do not expect that, by itself, a disclaimer will protect you.
Substantiated and Unsubstantiated Claims in Advertising
When it comes to claims relating to product/service performance, health benefits, and safety benefits, the FTC usually requires substantiation. The level of substantiation typically depends on the product/service and the nature of the claim. If an on-line advertisement claims that an automobile can go from 0 to 60 mph in 6.0 seconds, then it should have the test results that show that the automobile performs at that level. If the test automobile was modified to make it faster, then the claim may not be substantiated unlessthe ad clearly states that the car that reached that speed had been modified and is not the standard car being sold off the assembly line. That information should probably be included in a prominent disclaimer closely associated with the claim. As such, it would probably not be a claim worth making.
If the claim states that four out of five dentists recommend a product, then there should be substantiation that a survey, or some study, showed that specific result. A study involving five dentists who work for the product's manufacturer probably would not be good substantiation. Again, a disclaimer would probably be appropriate.
The FTC recommends that Web designers not depend on their client's (or, if working as an employee, their manager's) assurances that a claim is substantiated, but that they push back to see the substantiation for themselves. If they do not feel that the substantiation is sufficient, they should avoid making the claim.
If you are performing the function of the Web designer or the Web marketer, you should press to see proof that the claims being made are substantiated. Remember, the FTC currently believes that it may hold you responsible.
Advertising Aimed at Children
This is an area of particular attention and sensitivity because children, in general, are less sophisticated and skilled than adults in evaluating the information (or lack of information) being provided to them. Guidance on proper advertising to children is available from the Children's Advertising Revue Unit (CARU) of the Council of Better Business Bureaus at www.bbb.org/advertising/caruguid.html.
Free Product or Service Advertised
Offering something free is very powerful. However, advertising that you are giving away something for free is not as simple as it sounds. You must take great care not to deceive or to act unfairly toward consumers. In your ad, you must clearly specify the applicable terms and conditions. In addition, the product or service offered for free should be one that is typically sold at a standard price. So the "Buy One-Get One Free" statement should offer one item at no price when the same item, bought at the standard price (in effect during the 30 days prior to the offer), is purchased. See www.ftc.gov/bcp/guides/free.htmfor the details.
Financial Transactions
If you accept orders on your Web site, you should be paying attention to the rules and regulations that affect the world of financial transactions. For example, the Fair Credit Billing Act requires that you respond in writing to customer complaints, credit payments within a specified period of time, etc. For more details, see www.law.cornell.edu/uscode/15/1666.shtml.
If you accept orders for items to be shipped, then you are probably covered by the requirements of the FTC's Mail or Telephone Order Merchandise Rule. This requires that you either post an expected shipment time frame or, if you do not state a specific time frame, then you "reasonably" believe that you will be able to ship within 30 days. Should you need to postpone shipment for some reason and be unable to ship within the specified window, then there are consumer notification requirements, which may require that you receive permission from the consumer to delay shipment or offer the consumer the opportunity to cancel order. Again, more details are available on the Web at www.ftc.gov.
Testimonials and Endorsements
In general, you cannot substitute testimonials and endorsements as claim substantiation. If you post any testimonials or endorsements, they should be those of your "typical" customer-not the endorsement of the only satisfied customer that you have. Experts should have relied on their standard tests or other procedures. Or, if they are paid by your organization or otherwise connected (e.g., stockholder), that connection should be clearly disclosed. See www.ftc.gov/bcp/guides/endorse.htmfor more information.
Exercises
Copyright and Trademarks
| a) | A copyright occurs when the creator __________________________________________________________ __________________________________________________________ |
| b) | When you hire a consultant to write a booklet for you to distribute freely as part of your company's promotion efforts, you should own the copyright. In order to ensure that you own the copyright, you should __________________________________________________________ __________________________________________________________ |
| c) | A trademark registered in the United States must be registered with __________________________________________________________ __________________________________________________________ |
| d) | Before you initiate the process to register a trademark, you should do three things: __________________________________________________________ __________________________________________________________ |
| e) | Two organizations can own the same trademark (for example, a word) only if __________________________________________________________ __________________________________________________________ |
The Five Basic Sources of Web Content
| a) | The five basic sources of Web content are __________________________________________________________ __________________________________________________________ |
You are a Web developer working as a company employee on the company's new Web site. Content is being pulled from several areas of the company and people are busily working on it. You have been requested to repurpose a large brochure for one of your company's main product lines.
| b) | Assuming that this addition and the repurposing makes sense as part of your Web site development strategy and plan, what information do you need to collect before you start? __________________________________________________________ __________________________________________________________ |
| c) | If you discover that the graphics used were outsourced five years ago, what is your next step? __________________________________________________________ |
| d) | Who owns the rights to the new material that you create for the site? You, the employee, or your employer? __________________________________________________________ __________________________________________________________ |
Additional content must be developed since the brochure is now out of date. No one from the company's marketing communications department is available right now, and you must proceed ASAP. So a decision to outsource has been made, and you have chosen a qualified writer from outside the company.
| e) | How do you ensure that your employer has the right to publish the outside writer's materials on the new Web site? __________________________________________________________ __________________________________________________________ |
The determination has been made to develop the new Web site from a Microsoft-centric point of view, so you need to add the Internet Explorer logo and the "Best viewed with Microsoft's Internet Explorer" statement on each page. You can easily get the Internet Explorer logo, but you see that it is also a Microsoft trademark.
| f) | Do you need permission to use the Internet Explorer logo? If you do, how do you get it? If you don't, why not? __________________________________________________________ __________________________________________________________ |
Safe Outbound Linking Strategies
| a) | Why should you be cautious about linking to a site outside your own? __________________________________________________________ __________________________________________________________ |
| b) | Most site owners will object to being pulled into a frame on your Web site. Why? __________________________________________________________ __________________________________________________________ |
| c) | Is using a company's trademark as the clickable image a good practice? Why or why not? __________________________________________________________ __________________________________________________________ |
Advertising on the Internet
| a) | Why should Web designers and developers be concerned about truth in advertising on the Web? __________________________________________________________ __________________________________________________________ |
| b) | If you can keep the Federal Trade Commission happy, what other governmental groups should concern you? __________________________________________________________ __________________________________________________________ |
| c) | Would your board of directors be a sufficiently representative group of customers that you could use their testimonials about your product's effectiveness as substantiation for your claim that it helps middle-aged white men lose weight? __________________________________________________________ __________________________________________________________ |
| d) | What kind of advertising claims should you be the most concerned about being able to substantiate? __________________________________________________________ __________________________________________________________ |
| e) | If the "home library" is comprised of condensed books, rather than the full text, should you include a disclaimer about the contents when you advertise them for sale on the Web? __________________________________________________________ __________________________________________________________ |
Exercise Answers
Answers
| a) | A copyright occurs when the creator __________________________________________________________ __________________________________________________________ |
| Answer: | A copyright occurs when the creator creates the tangible expression of his or her idea. And it is only that tangible expression (a document, a song, a piece of artwork, etc.) that is copyrighted. |
| b) | When you hire a consultant to write a booklet for you to distribute freely as part of your company's promotion efforts, you should own the copyright. In order to ensure that you own the copyright, you should __________________________________________________________ __________________________________________________________ |
| Answer: | If you want to freely distribute that booklet, you must own the copyright, preferably, or possibly have a license from the copyright owner to distribute it freely. If you paid the consultant to write the booklet, then you hopefully signed a contract with the writer before work began. In that contract, you should have specified that copyright ownership would transfer to your company at the completion of the contract, presumably after the consultant's bill was paid. |
| c) | A trademark registered in the United States must be registered with __________________________________________________________ __________________________________________________________ |
| Answer: | To register a trademark in the United States, you must submit an application to the U.S. Patent and Trademark Office, and then your application must be approved before it is officially registered. |
| d) | Before you initiate the process to register a trademark, you should do three things: __________________________________________________________ __________________________________________________________ |
| Answer: | You should probably do many things, but you should specifically do the following three. Hire an attorney who specializes in intellectual property law. Be using the proposed trademark for the intended purpose or have an immediate intent to use the trademark. Have a professional research your proposed trademark to see if anyone else is using it. Your attorney or someone working for your attorney is probably the best person for this effort. |
| e) | Two organizations can own the same trademark (for example, a word) only if __________________________________________________________ __________________________________________________________ |
| Answer: | Two organizations can own the same trademark only if they are in different classes of goods or services, and such use would not confuse consumers or reduce the perceived value of either trademark. |
Answers
| a) | The five basic sources of Web content are __________________________________________________________ __________________________________________________________ |
| Answer: | New original content created by employees. New original content created outside the company. Repurposed company-owned content. Borrowed content used without the need for permission or payment. Borrowed content used with the need for permission or payment.
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| b) | Assuming that this addition and the repurposing makes sense as part of your Web site development strategy and plan, what information do you need to collect before you start? __________________________________________________________ __________________________________________________________ |
| Answer: | There is a great deal of information that will need to be collected. Within that collection, the information most relevant to this lab is who developed the content, when it was developed, and who owns the copyright under what specific terms and conditions. This information should be found in contracts kept with the other material about the original project. Different organizations have differing filing systems and record retention requirements, so this may not be an easy task. The company legal department may keep a record and copies of all contracts, or, if outside counsel was used, that attorney (if known) may still have copies of those contracts. |
| c) | If you discover that the graphics used were outsourced five years ago, what is your next step? __________________________________________________________ |
| Answer: | You need to find out what rights for reproduction were obtained in the original contract. This will tell you whether or not you have the right to use them on the Web site, if you need them. You need to see the contracts, if any. |
| d) | Who owns the rights to the new material that you create for the site? You, the employee, or your employer? __________________________________________________________ __________________________________________________________ |
| Answer: | In this case, the answer is usually relatively uncomplicated. The owner of the material that you create while doing your job is usually your employer. In some cases, people are working with an employment contract or other special arrangement that allows them to retain ownership of their own work. Check with an attorney before attempting to use something you created in a previous job. |
| e) | How do you ensure that your employer has the right to publish the outside writer's materials on the new Web site? __________________________________________________________ __________________________________________________________ |
| Answer: | Discuss the situation with the writer, making it clear that the material has no value to your employer unless the copyright provides express permission to use the materials on the Web site. Then, once you have agreement from the writer, work with an attorney to commit the agreement to writing. The agreement should be signed before work is begun, but certainly before payment is made. |
| f) | Do you need permission to use the Internet Explorer logo? If you do, how do you get it? If you don't, why not? __________________________________________________________ __________________________________________________________ |
| Answer: | At this point, you do not need Microsoft's permission to use the Internet Explorer logo on your Web site because Microsoft wants sites designed to the specifications of its browser, and it wants the world to know that you have designed your site specifically for Internet Explorer. If you go to the Microsoft site, you will see a "grant" that allows you to use the logo (at msdn.microsoft.com/downloads/samples/Internet/imedia/netshow/smedia/NS3/logo/demo.htm). |
Answers
| a) | Why should you be cautious about linking to a site outside your own? __________________________________________________________ __________________________________________________________ |
| Answer: | There are many reasons. Two of them are self-defense-first, the contents of the site, which were acceptable and appropriate when you first established the link, may become unacceptable and inappropriate over time if the site ownership or goals change over time. Second, because you have no control over these external Web sites, you may find that your outbound links go to dead ends because a file has moved, or been renamed, or the site has gone out of business. Other concerns include a negative reaction from the external site because it is not happy with the context of the link or what happens to its content when the link is selected. |
| b) | Most site owners will object to being pulled into a frame on your Web site. Why? __________________________________________________________ __________________________________________________________ |
| Answer: | They will object because their URL will be hidden from the visitors to your site by the way frames work. This may impact their ability to gain revenue from their Web site and infringe on their copyright and/or trademarks. |
| c) | Is using a company's trademark as the clickable image a good practice? Why or why not? __________________________________________________________ __________________________________________________________ |
| Answer: | It is a good practice if you do not have permission from the trademark owner to use their trademark on your Web site. Most trademarks end up as graphics to keep them as consistent as possible. On the other hand, usability studies have shown that often plain underlined text (an "old-fashioned" link) is less confusing to Web site visitors than a graphic. |
Answers
| a) | Why should Web designers and developers be concerned about truth in advertising on the Web? __________________________________________________________ __________________________________________________________ |
| Answer: | Web designers and developers need to be concerned because the FTC has a stated position that they view that "Web site designers . . . also may be liable for making or disseminating deceptive representations." |
| b) | If you can keep the Federal Trade Commission happy, what other governmental groups should concern you? __________________________________________________________ __________________________________________________________ |
| Answer: | It depends on your products or services, your industry, and where your customers are. If you sell a food or drug, you also need to worry about the FDA; if you sell securities, you need to worry about the Securities and Exchange Commission (SEC). Because a Web site may be viewed by different authorities as being one large advertisement, you need to worry about all of the U.S. state and local governments' rules and regulations, as well as all the countries on the Internet and their federal and local governments. |
| c) | Would your board of directors be a sufficiently representative group of customers that you could use their testimonials about your product's effectiveness as substantiation for your claim that it helps middle-aged white men lose weight? __________________________________________________________ __________________________________________________________ |
| Answer: | Your board of directors has a vested interest in seeing your company succeed, so they would not be particularly useful for testimonials. In addition, testimonials are specifically excluded as acceptable substantiation of advertising claims. |
| d) | What kind of advertising claims should you be the most concerned about being able to substantiate? __________________________________________________________ __________________________________________________________ |
| Answer: | Claims related to health and safety benefits get particular scrutiny. |
| e) | If the "home library" is comprised of condensed books, rather than the full text, should you include a disclaimer about the contents when you advertise them for sale on the Web? __________________________________________________________ __________________________________________________________ |
| Answer: | If you don't include a disclaimer or use an accurate description, you could be considered to be using deception to mislead consumers. |
Self-Review Questions
In order to test your progress, you should be able to answer the following questions:
| 1) | It is illegal to link to another Web site without the permission of that site.
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| 2) | An employee, in the normal course of doing his or her job, creates a document. Who owns the copyright to that document?
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| 3) | If you own a trademark, you must protect it to keep it valid.
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| 4) | No permission is needed to use the Coca Cola trademark to add color to your company's Web site.
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| 5) | It is acceptable to borrow content off the Web for your Web site, for two of the following reasons:
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| 6) | You cannot use someone's trademark on the visible part of your Web site, but using a competitor's name or the words comprising their trademark is appropriate for key word Meta tags.
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Quiz answers appear inAppendix A, Section 7.2.
EAN: 2147483647
Pages: 87