I am starting a file sharing website and am trying to come up with a Terms of Service that will basically ensure that the content posted is in fact property of the poster. My main confusion is that we have members from multiple states and was not sure if it would be better to refer to a certain state laws or if I can simply post the terms and rules. I have seen examples of both. Considering this isn't a company that has a "store front" I would figure there would be no need to post a certain state.
Any input would be great
Thanks
Which law should I choose?
Advertising
Performancing Services
Boost your traffic, improve your blog and become an authority in your niche with Peformancing Services.
Navigation
User login
Recent blog posts
- Gen Y Blogging Becoming More Popular
- Reader Question: WordPress Permalinks
- Fantastico De Luxe 2.10.4 r24
- 9 Reasons To Link Out
- How Much Time Do You Spend Writing a Blog Post?
- Perfcast Episode 14 - David Goes Solo
- Crossing the Privacy Line
- Thesis Gets Black Friday Treatment
- Reader Question: My Technique For Generating Comments
- WordPress 2.6.5 Released 2.6.4 Skipped
New forum topics
right
You probably don't have to worry about state laws, only Federal, but you really should check with a "multimedia" lawyer, if you intend to make money. Else someone will take a potshot at you eventually.
Complicated Issues
First off, Raj is completely right about both issues. First, you don't have to worry much about state as most of these issues are Federal. Second, this is definitely an area to get a good lawyer. If you can find one that works with mass media law or Internet law, you'd be much better off.
As far as what laws to follow, if you're going to host the files yourself, you need to follow the DMCA. That means designating an agent to receive complaints, submitting the information for that agent to the Copyright Office, posting the information on your site, having a policy of banning repeat infringers and expeditiously removing all works deemed to be infringing in a DMCA notice.
That is the big law when it comes to hosts and copyright. However, there are other laws regarding libel, spam and other issues that may arise depending on your service.
To write a good TOS, you likely need the help of a good attorney but you might be able to find a stock one that you can modify. However, given the potential risks that come with running such a site, it'd be wise to take the matter before a lawyer and send the few bucks to get them to write a watertight one for you.
It shouldn't be that much and most attorneys can do this in their sleep.
In short, it might be cheaper and quicker than you think.
I hope that helps!
Choice of Law
Selecting the state's law that applies to a TOS is an important issue. However, it involves consideration of various factors and you will be best served by working with a lawyer to develop the TOS. You need to consider the location where you are operating, where you expect most of your visitors to reside, where you want to resolve any disputes that may arise, among other issues.
I agree with Raj Dash and plagiarismtoday concerning the need to comply with federal laws, and would add that you may need to comply with some international laws, too, depending on exactly what you are doing with your site. However, selecting the state where your TOS will be formed and enforceable is definitely an important consideration. While federal law is important, you must be careful in dealing with state laws, too, so that you don't get some unexpected results if a problem occurs.
Good luck with your service.
Post new comment