Marketing online is a significant part of most marketing campaigns.  It is critical to ensure your campaign is successful, but just as important is making sure no laws are broken.  Here are some tips to get you started.  We do not offer legal advice and recommend an attorney is hired to help in this matter.

• If you are thinking of trade marking or copywriting your brand, stay away from generic terms.  Generic terms usually cannot be registered.  It is recommended that marks and terms that are distinctive can be registered quicker as long as they are not in conflict with another registration.
• If somebody else’s name, image, bio, or identity is going to be used, make sure to get a release from the owner.
• If photographs are going to be used, the owner of the copy write must be addressed.  Surprisingly, in many cases the people in the photo also need to be considered.
• Did you know copying a television program for home use is legal?  The buck stops there though.  It doesn’t apply to commercial use of these copies.
• When using music, the song writer and the record company both have to approve its use.  There are performance rights and royalty issues with both parties..
• If the use of audio visual material is included in the campaign, and it is not created by an employee, it is usually considered work for hire.  Otherwise, an assignment or license of the material must be required.
• If there are product comparisons, it is required to be truthful and the content cannot be false or misleading
• Make sure another company’s trademarks are not infringed upon.  This includes using their trademarks in the domain name.

All of this requires written documentation.  Make sure each license is clear to the rights you have obtained.  Licensees should give representations and warranties as to the rights granted.  Make sure that all this is taken care of before the launch of the campaign.  Use common sense.  If there is any question as to your rights and the rights you have obtained, hire a lawyer!  It is also a good idea to purchase errors and omissions insurance.  It is easy to get and rather inexpensive.

Online marketing is an adventure.  There are many pitfalls, but great rewards.  Do it honestly and ethically, and you are sure to enjoy the benefits it provides.