Website and Email Law

4. Intellectual Property

4.1 Material on the Internet is protected by copyright and other intellectual property laws.

• Put a copyright notice on your website. Actually enforcing your copyright, particularly overseas, can be problematic.
• State any trade marks you are using.
• Do not use images or text that are protected by someone else's copyright without their permission.
• Do not use someone else's trade marks without permission.
• Do not download and use copyright material without permission. For example, you usually have to accept a copyright owner's terms (which may include payment) before downloading software.

4.2 Design right applies to websites.

• If you use a designer to create your own website, ensure that the design right is assigned to you in writing. If you fail to do so, you could be forced to pay the designer every time you want to change the site. And you may not be able to have it changed by anyone else.
• Copyright for software you use on your site generally remains with the supplier (and is licensed to you). If you commission bespoke software, get the copyright assigned to you.

4.3 Linking to other websites can be a breach of copyright.

• Making other web pages appear to be part of your site, or modifying their appearance, is generally not permitted.

4.4 Domain names can be contentious. If you have a trade mark, and register a related domain name, you should be reasonably safe from potential claims.

• A company that feels you are infringing its trade mark can ask the Internet authorities to assign the domain name to them, or take you to court. Large companies are particularly vigorous in pursuing claims (and have the resources to do so).
• Just having a trade mark may not be enough to be able to prevent someone else from using a domain name. You may have to prove they are acting in bad faith or attempting to piggyback on your success.