Legal Question in Business Law in California
I would like to start a business that creates an open market place for user created products, similar to Etsy. I have to imagine that these products would occasionally violate trademark/copyright/intellectual property laws. I would want to act in full accordance with the law, but still allow sellers to create and sell freely until they/we are notified of infringements. How do I protect myself legally from this standpoint, and create a business that is not liable for the mistakes of my sellers?
1 Answer from Attorneys
The DMCA will offer a safe harbor regards to copyright infringement for user generated content assuming your terms are handled properly and you meet the criteria. The webmaster and ISP will not be held responsible for another's trademark infringement either assuming that there was no direct knowledge of such infringement and you are not aiding or promoting that sort of thing.
You are going to have a number of legal considerations here (e.g., trademark, terms of service, privacy policy, copyright issues, business/entity formation, among others). I would not move forward without consulting a few attorneys in private and explaining all your objectives.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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