The Internet Law Directory

The selection and protection of a domain name may be the most important detail in the creation of a web site. Domain names function as the address for a web site, and disputes over domain names have become more common and more heated as the popularity of the Internet grows.

• Selecting a Domain Name. Domain names have a first and second level. In the bitlaw.com domain name, the ".com" portion is considered the first or top level domain name, and "bitlaw" is considered a second level domain name. The most common top level domain (.COM, .ORG, .NET, .GOV, .EDU) names are administered by InterNic, although other top level domain names are available and still more will be available soon. To obtain a domain name using one of these top level domain names, a WhoIs should be done to make sure the name is not taken. In addition, it may be wise to perform a trademark search to verify that the chosen domain name is not infringing on another party’s trademark.
• Reclaiming a Domain Name Registered by Another. Occasionally, upon searching for a domain name, a party may discover that someone else has already taken their corporate name or trademark as a domain name. In most cases, there is little that can be done because the other party has equal right to use that name. In some circumstances, however, it is possible to contest a registered domain name based upon superior rights to that name. Such a contest can be made through the courts or through InterNIC’s domain dispute policy.
• Obtaining a Domain Name. If the name is available, a registration can be filed with InterNIC using their on-line registration form.
• Protecting a Domain Name. In order to better protect a domain name and to avoid losing a domain name under the InterNIC domain name dispute policy, a domain name owner should obtain a trademark registration on their domain name. In order to obtain immediate protection, a registration can be obtained through Tunisia. However, often the expense of a Tunisian registration is not justified.
• Obtaining Multiple Domain Names under Different Top Level Domains. Because of the new top level domain names that are currently proposed, it may be wise for the owner of a strong trademark to obtain domain name registrations under multiple top-level domain names.

The term defamation refers to a false statement made about someone or some organization that is damaging to their reputation. For a statement to be defamatory, the statement must be published to a third party, and the person publishing the statement must have known or should have known that the statement was false. The law of defamation is complex, as it has been determined by numerous court decisions rather than one national statute. In addition, a claim of defamation is subject to a variety of defenses, such as the First Amendment and (of course) the defense that the statement was true. Because of the complexity of defamation law, a full explanation of this area will not be set forth here, and is saved for others to provide.

While the Internet provides a new context in which a defaming statement can be made and published, there is little new law relating to Internet defamation other than liability for service providers. Nonetheless, web page developers must be careful to avoid defaming someone in their pages. If a statement is being made that may damage the reputation of a person or organization, care should be taken to make sure that the statement is not defaming.

A party is guilty of copyright infringement if they violate one of the five exclusive rights given to copyright owners under the Copyright Act. Included in those rights are the right to prevent others from reproducing (or copying) a work, publicly displaying a work, or distributing a work. As a result, web page authors should take care not to copy the work of others. An Internet service provider can also be found liable for copyright infringement even when they are not directly engaged in the copying of protected materials, as is explained in more detail in the BitLaw section on ISP liability.

• Obtaining images for a web page. One of the chief attractions of the World Wide Web is the ability to use graphics to convey information to users. A sophisticated and subtle graphical presentation is the hallmark of some of the Web’s most popular sites. The following "rules of thumb" are meant to guide a web page creator when selecting images for incorporation into a page.
  • Creating original images from drawing and painting programs. The best way to obtain images is to create them in a drawing or other image creation program. In doing so, however, it is best to start from scratch rather than from someone else’s creation. Even if an image is significantly altered, the new image may infringe upon the copyright in the first image by being a "derivative work."
  • Taking images from third-parties. The simple rule is, "Don’t steal someone else’s images." The moment an original image (or string of text) is fixed on a hard drive for the first time, it is protected by copyright. Any unauthorized copying of a protected image is an infringement of the creator’s copyright, unless the use falls within one of the very limited exceptions to the copyright law, such as "fair use." In most cases, it is unlikely that the incorporation of an image into a commercial web-site would be considered a fair use.
  • Licensed images from the Internet. Some images, such as Microsoft’s "Internet Explorer" logo, may be copied, but only if the would-be copier accepts the terms of a license defining the permissible uses of the image. Often such licenses provide that the copier cannot alter the appearance of the image in any way, and may use the image as a link only to certain designated sites. 
  • Clip-art Libraries Provided with Software. Other sources of licensed images include clip-art files, such as those provided with Claris Home Page, Microsoft Front Page, and Adobe PageMill software. Incorporating clip-art from these libraries into a page does not violate copyright law, as these images are licensed to the purchaser of the software for this purpose. To avoid liability, however, a webmaster must be careful to obey the terms of all applicable license agreements. For instance, the license may not allow a user to alter the images in any significant way.
  • Free Images Off the Internet. Some web sites provide images that are for use by others. These images may be used in a web page, as long as the terms proposed by the image creator are followed. Typically, these sites only require that some type of credit is given to the author, including a link back to the author’s site. However, there remains the possibility that the images were misappropriated at some point and were not original creations of the alleged author. In these cases, use of the images may infringe the copyright rights of the original author.
• Developing text for a web page. The guidelines for text development are similar to those for obtaining images. Truly original text, developed by the creator of the web-site, may be used without copyright concerns. As with images, appropriating text from third-parties without permission is illegal, unless there is some substantial "fair use" justification for the taking. Use of third-party text pursuant to a license agreement should follow the terms of the license agreement. As for public domain works, one should never assume a work is in the "public domain" without independent investigation.
• Developing Java Applets, JavaScripts, and ActiveX scripts. Like text and pictures, it is normally a violation of copyright law to appropriate scripting or programming from someone else without permission. Many parties have made their scripts and applets available for use by the public. In these cases, use is allowed as long as any requirements set forth by the programmer are followed.