Ah, yes, fair use. I hear people use that phrase all the time based on their opinion of what they think is “fair” under the circumstances. Unfortunately, it’s way more complicated than that. Indeed, the United States Supreme Court has gone on record as saying that the Fair Use Doctrine is “the most troublesome in the whole […]
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I’m a lawyer, not a dentist, so I don’t argue when my dentist tells me that if I don’t get my teeth cleaned I’ll probably end up with holes in my teeth. Likewise, when an Internet lawyer (me!) tells you that if you don’t take steps to “cover your assets online” (the legal equivalent of taking preventative measures to protect your […]
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This is one of those “how-can-you-know-what-you-don’t-know” moments. If you’re a member of AMAZON’S ASSOCIATES PROGRAM take note: there are rules you’re probably not aware of and they could be leaving you exposed to an Amazon slap on the wrists for abuse of its policies. Your site must be “suitable” according to clause #2 of Amazon’s Associates […]
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The law remains unsettled when it comes to trademarking a hashtag. Proceed with caution. A hashtag is a word string preceded by a “hash” or pound sign (#) and it’s used primarily to identify themes, topics, and conversations in social media platforms. A hashtag is much like a keyword that facilitates a search by topic. Here’s the […]
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Definition of a Lawsuit: “A machine that you go into as a pig and come out of as a sausage.” ~Ambrose Bierce, American journalist, editorialist, and short story writer (1842-1914). If you think your business is too small to get sued, think again. Small business owners are increasingly finding themselves caught up in lawsuits for […]
Keep reading...Have you ever had a dream where you’re the only one who’s naked? Terrifying, right? Now imagine that your online business is naked and you have no idea how exposed your “assets” are, leaving you vulnerable to lawsuits, blacklisting (by Facebook or Google), copyright and trademark infringement, IRS reprimands, and so many other legal nightmares. The worst thing? Many entrepreneurs […]
Keep reading...Eventually, it will happen. Someone is going to balk at the notion of having to sign your Client Services Agreement. “What? Don’t you trust me?” “Dude. Why so serious?” “I’m not sure this is going to work anymore.” “I don’t want to sign something I don’t understand.” “Can’t we just skip this part?” Do not back […]
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So, you have your Terms and Conditions (T&C, a.k.a., Terms of Use) posted on your website and you have a separate T&C for your products and services… check and check! (Yes, you need them both! WEBSITE T&C PROTECTS YOU The law is designed to protect the consumer. Your job is to protect yourself and your […]
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Is your online business legally covered? Are you sure about that? Because… If you’re like most online business owners, there’s a good chance you’ve got your head in the sand when it comes to all the “legal stuff” you absolutely must do in order to cover your ass(ets) online. Business owners are not ostriches, but […]
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Wondering what you can deduct as a business expense when you travel? Excellent question. According to the IRS, travel expenses are the “ordinary and necessary” expenses incurred when traveling away from home for your business, profession, or job. No surprise, the IRS has strict rules here: No lavish expenses allowed! They must be considered ordinary and necessary to […]
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