Theater of the Courtroom

In this episode (the finale), I discuss how to reduce the risk of your content being stolen so that you position yourself in the safest place possible. First, learn how to use the DMCA offensively by understanding the takedown notice process. We’ve already discussed the elements. Remember: The best defense is a good offense. For sample "takedown notices," you can do a Google search for “takedown notice." Second, protect yourself from a copyright infringement claim. Don't make yourself a target. As obvious as this might sound, don’t use copyrighted content on your website. The temptation to use copyrighted images that are freely available online can be overwhelming, but resisting the urge at all costs. By far, the most surprising development in the DMCA space is that it applies to comments posted on a website. In other words, if you allow users to post comments on your website, you should adhere to a strict DMCA compliance process to ensure immunity from claims in the event that a --- Support this podcast: https://podcasters.spotify.com/pod/show/mike36/support

In this episode, I discuss the DMCA procedures, from takedown notice to counter notice to the time-line required to respond to a counter notice by filing a copyright infringement case in federal court. If you find the DMCA takedown procedures to be daunting, do not fret. Most attorneys do not resort to them until they have sent a cease and desist letter to the infringing party. Paraphrasing, the letter usually sounds something like this, “I’m John Doe and I represent Mike Smith, the copyright owner of ABC Course. It has come to our attention that you are selling Mr. Smith’s course in an unauthorized manner.” You then demand that the infringer remove the content immediately and cease using it. This, combined with the potential damages that the infringer faces if found liable in court, is usually enough to do the trick. --- Support this podcast: https://anchor.fm/mike36/support

In this episode, I discuss copyright infringement, specifically the Digital Millennium Copyright Act, which applies to the internet. We’ll talk about what it is, how to use it to your benefit if someone has stolen your content, and how to protect your website if you allows users to post comments on it. Let’s begin with a bread and butter definition of copyright infringement. Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. As far as terminology goes, “infringing” is used instead of “stealing” or “pirating” in the statute. The idea behind copyright infringement is simple: If you create some work, you hold the rights publish and distribute that work. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assi --- Support this podcast: https://anchor.fm/mike36/support

When it comes to deciding the best business entity for your small business, the question that is top of mind for entrepreneurs is usually, “What’s the difference between an LLC and an S Corporation?” In this episode, I discuss each. --- Support this podcast: https://anchor.fm/mike36/support

In part 2 of "The ABC's of Internet Law," I discuss the following topics: Collecting Emails Outreach Emails Trademarks The Future of Internet Regulation International Enforcement The key takeaways are as follows: Compel your users to accept your terms of service using a checkbox and keep server logs.
 When you update terms and conditions, force your users to accept them before they can continue using your site.
 Use disclaimers on your pages when giving advice such as health or financial advice that can affect people’s lives.
 Clearly display an earnings disclosure on your site if you are earning affiliate income.
 Linking to the original source of an image does not cloak you in a veil of immunity when it comes to copyright liability.
 Don’t steal photos - take your own or use stock photos. 

Use a third party email platform such as Constant Contact or MailChimp as they force you to comply with SPAM laws.
 Register your brand as a trademark or risk losing it to someone else.
 
 --- Support this podcast: https://anchor.fm/mike36/support

In this episode, I discuss the following topics: Jurisdiction Privacy Policy, Terms of Service & Terms and Conditions Terms of Service Privacy Policy Using Templates to Create Terms of Service & Privacy Policy Updating Terms and Conditions Requiring the User to Check a Box Giving Bad Information or Advice Criticism in Product Reviews Earnings Disclaimers Why Do We Need Disclaimers? What Does “Display Clearly” Mean? What is the FTC On the Lookout For? What Would Happen in Court? What Should You Do In Practice? --- Support this podcast: https://anchor.fm/mike36/support