Wednesday 11 February 2009

Risks Associated With Publication

"The risks you could face when you publish online can take a number of forms, depending on what and how you publish. The sections that follow are not intended to make you an expert on media law, but merely to help you identify potential "red flags" so that when you publish something that might result in liability, you will know to be extra careful and will take the necessary steps to minimize your potential legal risks."

Publishing Personal and Private Information: Understanding Your Legal Risks

"When you publish information about someone without permission, especially personal or private information, you potentially expose yourself to legal liability even if your portrayal is factually accurate. While you should keep this potential liability in mind, the law generally gives online publishers quite a bit of breathing space to report and comment on matters of legitimate public concern, even when the person being discussed objects to the coverage."

Websites, data protection and children

"The first principle of data protection law is that personal data must be processed fairly and lawfully, and that one or more specified conditions must be met."

Manufacturer pays out $426,000 in damages and attorneys fees as a result of engaging in a useless exercise

"In Venture Tape Corp. v. McGills Glass Warehouse, 540 F.3d 56 (1st Cir. 2008), a case where a company embedded a competitor’s trademarks in its website via metatags and invisible white-on-white text, the First Circuit held that the company infringed its competitor’s marks and upheld the district court’s award of $230,339, representing the defendant’s estimated net profits during the period of infringement, and $188,583 in attorneys fees to the plaintiff."