Attorney Steve® Intellectual Property Services - Websites Audits

Introduction

Running a website LEGALLY has a whole plethora of potential liability issues.  In this day and age, there are many lawyers out there looking for the most basic violations such as:

• Are you using a photo without permission?
• Are you missing a seal (such as the Better Business Bureau)?
• Are you inadvertently infringing on a third party's trademark via your website or video channels?
• Is your website such that you are literally waiting to be the next victim of an ADA website compliance legal demand?
• Do you have the best terms of service for your business?
• Do you have a privacy policy, and better yet, are you actually following it?
• Do you have great trademarks that you need to register but never got around to it?
• Do you have trade secrets that you should be protecting but aren't?

These are just some of the basic issues every business owner and C-level executive needs to have a handle on.  These are all legal issues that I am personally familiar with that can lead to lawsuits and settlements.  This is not fun.  For a low FIXED flat rate fee, you can have an 18-year experienced litigation and IP lawyer assist you in getting up to speed on some of these major legal issues affecting many businesses today.  As just one example, using a photo on your commercial website could cost you $10,000 or more.  Sound crazy?  It's real.

What we offer

This is a general outline of the legal services we can provide.  We can customize this to meet the needs of your organization.

Here is a detailed outline of the issues you should cover in your legal website audits:

I. Copyright Issues
   A. Analyze website content for potential infringement of copyrighted materials
      1. Assess if the website has original content or if it uses third-party copyrighted materials without proper authorization or attribution
      2. Determine if the website's use of copyrighted materials falls under fair use provisions
      3. Identify any copyright notices or disclaimers that need to be added or updated on the website
   B. Examine the website's use of images, audio, video, and other multimedia content
      1. Verify if the website has appropriate licenses or permissions for using multimedia content
      2. Assess if usage complies with any applicable Creative Commons licenses or other open-source content licenses
   C. Assess compliance with the Digital Millennium Copyright Act (DMCA)
      1. Evaluate if the website has a DMCA takedown policy and designated agent information displayed
      2. Review if the website responds promptly to DMCA infringement notices

II. Trademark Issues
   A. Conduct a thorough trademark search
      1. Identify potential conflicts with registered trademarks in the website's domain name, branding, or content
   B. Evaluate proper trademark use and protection on the website
      1. Review if trademarks are displayed with appropriate symbols (® or ™)
      2. Assess if any trademarks are used falsely or in a misleading way
      3. Determine if the website provides accurate trademark ownership information

III. ADA Compliance (Americans with Disabilities Act)
   A. Evaluate the website's accessibility for individuals with disabilities
      1. Assess if the website follows the Web Content Accessibility Guidelines (WCAG) 2.1 or any applicable accessibility standards
      2. Identify barriers to access, such as lack of ALT text, proper headings, alternative content for multimedia, etc.
   B. Analyze if the website provides accessible features for users with various disabilities
      1. Assess the availability of text-to-speech options, adjustable font sizes, color contrast options, etc.
   C. Review the website's accessibility policy and compliance measures
      1. Determine if the website has an accessibility statement outlining its commitment to accessibility
      2. Evaluate if the website has a process for users to report accessibility issues or request accommodations

IV. Other Potential Legal Issues
   A. Privacy and data protection
      1. Analyze the website's privacy policy for compliance with relevant data protection laws (e.g., GDPR, CCPA)
      2. Verify if the website collects and handles personal information in a lawful and transparent manner
   B. Terms of Use and Disclaimers
      1. Review if the website has adequate Terms of Use agreements and disclaimers to protect the firm and users
      2. Assess if the agreements limit liability and outline the scope of services provided
   C. Marketing and advertising compliance
      1. Evaluate if the website's marketing and advertising materials comply with applicable laws (e.g., FTC guidelines)
      2. Verify if testimonials, endorsements, or reviews are used in accordance with legal requirements

It's important to note that this outline is not exhaustive, and depending on specific circumstances, other legal issues may also need to be covered during a thorough website audit.

Contact us for more details.

For more information, contact us at (877) 276-5084 or email us through our contact form.