Setting Up a Website
Planning
In general terms, the project needs careful planning. Designers should produce a plan of the site and carry out a test run before payment. The design also needs to work in relation to your intended use - there's little point in sophisticated graphics if they take too long for targeted home users to download. How the site will be updated is also a consideration.
Ownership of Designs
If you commission someone to design a web page, the designer will own the copyright unless a specific assignation (ie transfer) to you is agreed - try to secure ownership of all of these rights where possible.
If the designer refuses to assign copyright to you, it is vital to ensure that your permission to use the design (your licence) extends to updating the work, amending it, adapting it and anything else you may require to do (eg transferring it to a new format or environment). It may also be important to make sure that the designer won't create a similar design for a competitor and to provide for code to be lodged in escrow if ownership is retained by the designer.
Moral Rights
In simple terms "moral rights" are the rights for authors of copyright works (whether photographers or writers or designers) to have themselves identified as the author of the work and to object to a "derogatory treatment" of that work. Moral rights do not apply to computer programs and employees have only very limited moral rights which are unlikely to be a problem but many freelance designers work in this field. They may have moral rights in the designs they create - to avoid any problems (such as objections to changes made subsequently), have them waive their rights once and for all where possible.
Third Party Consents
Get permission to use any third party copyright works incorporated in the site e.g. music, photos and graphics.
Content
To avoid any doubt as to what visitors are allowed to download from your site (and what they can do with the material), include proper copyright notices to make the position clear.
For example, a blanket "all rights reserved" prohibition (which totally prohibits copying) won't work. A user has to copy a web page in order to view it. More detail is needed. Also, is there any content that users may rely on (e.g. do it yourself hints or other useful information)? Bear in mind that in certain circumstances you may be liable to the user if the information is incorrect or has been negligently provided or otherwise causes loss. Use disclaimers to try and minimise liabilities (these must be sufficiently drawn to the user's attention). Remember, the enforceability of disclaimers may vary from one country to another.
Hot Links
Hot links are popular as a way of jumping quickly from one site to another but it is possible in certain circumstances that you could be liable for defective goods/services received from a linked site if the boundaries are not clear and appropriate disclaimers have not been included.
Data Protection Issues
If information about visitors to the site which is sufficient to identify them as individuals is being captured (and depending on the way in which it is being processed) you may be subject to the Data Protection Act in the UK and similar legislation elsewhere.
Advertising
If your site contains advertising, remember there may be specific regulatory requirements/codes of practice on the advertising and sale of specific goods and services in other countries. It may even be illegal to offer to sell certain products in certain countries. Access should be restricted in those countries.
Even if this cannot be achieved physically, it may help if you can show that you included clear warnings and tried to check that the user was not based in the country in question before allowing access (eg by having a user complete an electronic form confirming their address, age etc before placing an order).
Contracts with Providers
Often, web sites are stored by a service provider (or "host") which will also provide a link to the internet. Important issues when dealing with hosts include checking the capacity or bandwidth required; how often the site can be updated; how much this will cost; and when and how statistics on usage will be passed back to you.
Contracts with Customers
If goods or services are being offered from the site, take advice on the contractual aspects, mainly to ensure that there is a binding contract with the customer and that the contract incorporates any terms and conditions you need to rely on.
This article was written by Gillian Cameron, who works for Maclay Murray & Spens.
It is reproduced here with permission.
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