KEEPING ABREAST OF LEGAL HAZARDS
- This short report takes a look at recent developments in relation to legal issues, in each instance looking to specific cases as examples.Key points highlighted in this report include:
- Ownership of content rights is constantly under scrutiny. Publishers would be advised to rigorously check contracts of employment in terms of intellectual property created by employees in the course of employment. Relationships with non-employees (i.e. free-lancers) should also be examined for the same reasons.
- Publishers should carefully vet their chat rooms and discussion fora in order to avoid potential problems arising from the transmission of untrue statements and defamatory material.
- Company e-mail systems are a great plus, but the informality and immediacy of e-mail can lead to the risk of defamation action, even if e-mail remains within the company.
- Facing up to the multiple legitimate contenders for the same domain name is part of the new reality of the global network. The best and simplest course of action appears to be to get in first, registering brand names as trade names and wherever possible registering domain names in countries where an active presence is foreseen.
- In terms of hyperlinking, connecting users to third-party sites other than via the front entrance has been deemed unacceptable, even though a user?s interests could clearly be better served by sending them straight to their preferred final destination.
- In the global networked environment, place of publication has become an almost meaningless expression which is fast being replaced by place of use.
- Although precedent is essentially national - so what happens in one jurisdiction does not necessarily mean that the same ruling will hold true in another - it seems some general principles apply. A case in one country can provide invaluable indications and insights as to issues which may come to court in other countries.
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May 12, 2003
n/a pages
US $350.00
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