LEGAL REFERENCES for THE INTERNET Translation for 140 languages by ALS
Commercial Law, Advertising and Fraud
If your Web site or blog includes a marketing component, whether it be event promotion, student recruitment, or advertising for a commercial product, you should be aware of regulations relating to fraud, bait and switch, and truth in advertising. If you state that a certain athletic team will be performing and beer will be served, make sure that is the case. If the team cancels and you must bring in a different performer, notify your audience as soon as possible. If you claim that your beer is better than the beer served across the state, be prepared to back that up. For more information visit the following sites.
Copyright protection is granted to you automatically when you author an original work. While most of us understand that we can't directly copy someone else's work—I cannot go to your Web site, copy your article on Chancellorville then post it to my site—we don't always understand the boundaries between stealing a work, referencing a work and being influenced by a work. Mano Singham, in his article Why do people plagiarize?, offers some good examples of how paraphrasing and improper use of quotes and citations can result in unintentional plagiarism.
Proper use of quotations with accompanying citations are considered "Fair Use," but what is considered "proper" is harder to define. Whether or not your use of another's work is considered fair depends on your purpose, the nature of the work, the amount of the work you use, and the impact of your use upon the original owner. Online the issue becomes more complicated. Even the simple act of linking to another site brings up questions regarding fair use. If you have any doubts about your usage, you may find it is safest to contact the owner of the material and ask for permission to use it. Learn more about Fair Use and Copyright at the following sites.
Defamation results when someone makes a false claim about another that publicly injures his/her reputation to the degree that it is considered damaging. If the false claim is made in writing, whether that be on the printed page or on the Internet, it is considered libel. If the claim is made orally and spread through broadcast media (including podcasts and streaming audio or video) or word of mouth it is considered slander. Laws vary greatly between countries such that in the United States the onus of proof is generally on the plaintiff, whereas in the United Kingdom it is on the defendant. Personal Injury Lawyer.com provides a good explanation of these issues.
For instance,if I were campaigning for Leslie Clinton to become the next President of country A, and wrote in my blog that the incumbent, John Meannie beats children, I could expose myself to a potential lawsuit. This would be particularly true if the puppy rumor spread and caused him to lose the election. If Meannie happens to take excellent care of his two children then (according to the laws of Country A) it is quite likely that I will lose that suit. If he does in fact beat puppies, I may win, but at great financial cost.
Rather than stooping to name calling, I would be better served legally (and practically) by discussing Meannie's track record as President and taking the time to cogently explain and document why his policies are bad for the country. The following sites offer additional information on this topic.
Even if you write it yourself, there may be some information that you are not legally allowed to publish. Trade secrets, such as the recipe for Sottish short bread and private information such as a person's sexual orientation may fall into this category. Learn more at the following sites.
