Phoenix Internet Law Attorneys Help Your Business Excel

Arizona lawyers assist with compliance and protecting your brand online

The internet has given every business the potential to achieve global reach. This means exponentially greater opportunity, especially for a tech-savvy startup, but also increased competition and additional liability for noncompliance with evolving regulations. At the Law Offices of Donald W. Hudspeth P.C., our Phoenix business attorneys are well versed in internet law, including regulations that protect copyrighted and trademarked material and consumer privacy. We help your business operate in full compliance while protecting your rights and your brand against bad actors in the United States and abroad.

Reliable guidance for business websites and e-commerce

Even if you are primarily a brick-and-mortar business, you still need a robust internet presence to compete in the digital economy. Our firm helps startups and mature businesses take advantage of e-commerce without running afoul of the law. Key areas of concern include:

• Copyright — If you are building a business website, you must be careful about your use and potential misuse of copyrighted material. You can’t use copyrighted properties, such as images, writings, videos or music, without the permission of the creator. If you contract with a creator to provide original content, you must have the proper agreements in place to protect your rights and shield you from liability if your contractor infringes on someone else’s copyright. Also, if you are a creator and you find someone using your created work without permission, you have enforceable rights.  One advantage of having a registered copyright is that some damage claims are statutory and based on the number of times the copyright is violated. If the violation stems from a website, this could be determined by the number of “hits.”
• Trademark — The internet is a powerful tool for building your brand, but you could just as easily see your brand defamed online or your trademark infringed by imitators. It’s important to be able to spot trademark infringement online, so your attorney can take the steps necessary to enforce your rights.
• Privacy and security — Websites that collect consumer data must comply with the laws of the various jurisdictions where those consumers reside. A published privacy policy is necessary. The current model for legislation is the European Union’s General Data Protection Regulation. Making your business GDPR-compliant is mandatory if you want to do business in the EU, and you can expect many states within the United States to adopt similar regulations in the coming years. You must also take the proper steps to secure data and respond to breaches if you are hacked, or you can be held liable for the damage those consumers suffer. Whether you are held liable may depend on whether your security measures were up to the standards of other companies in your industry. Our attorneys can help you develop protocols and an emergency response plan in case you suffer a breach.
• Defamation Avoidance and Defense — Current internet law allows the consumer to exploit businesses by threatening a bad review. Worse, a customer or competitor may anonymously post numerous false reviews to sabotage and destroy a business. Although not ideal, there are legal remedies against such attacks or accusations of same. And the law seems to be moving away from the idea that internet sites are neutral and that the anonymity of those who repeatedly post hostile, patently untrue information should be protected.

Our attorneys assist Arizona business startups and mature companies alike with all compliance and enforcement issues related to e-commerce.

Enforcing your rights under the Digital Millennium Copyright Act

The most powerful tool for enforcing copyright on the internet is the Digital Millennium Copyright Act. Under the DMCA, if you find anyone has posted content on the internet that infringes your copyright, you can demand that the platform hosting the content remove it. All the major social media platforms, such as YouTube, Facebook, and Snapchat, have consumer-friendly processes to submit a request for a “takedown order.” Our attorneys can facilitate your request and help you take any additional steps that might be necessary to protect your rights.

Contact our knowledgeable Phoenix business lawyers for advice on internet law

If you do business on the internet, Law Offices of Donald W. Hudspeth P.C. can provide the reliable guidance you need to comply with all applicable regulations, protect your intellectual property rights and limit your exposure to liability. Call our Phoenix office at 866-696-2033 or contact us online today.