Legal Question in Intellectual Property in California
I'm thinking about starting a health related blog, and was wondering if I should incorporate it. The internet seems to be a free-flowing place, but I don't want to be held liable for accidentally placing bad health related advice or copy-protected material. Is this a good idea, or am I freaking out too early in the game. Yes, I'm going to place banner-advertising within the blog.
3 Answers from Attorneys
It's the Wild West out there, and any web site operator can be sued for medical negligence or copyright infringement. Buy lots of insurance.
Incorporation could provide "some" protection, with its value depending upon how well you capitalize and manage the corporation, avoiding "alter ego" opportunities for piercing the corporate veil. A paperback self-help law book on the subject of running a small corporation should be helpful to that cause. Investigate business insurance. Learn the basics of copyright law. Avoid reckless postings such as being unqualifiedly enthusiastic about unproven and possibly dangerous therapies or advising against radiation, chemo or surgery unless you have examined the patient yourself and are an expert.
The other attorneys are right on point here. Insurance with a high limit (a couple million) is often the best approach to avoiding personal liability. Incorporation provides only limited protection as noted. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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