Legal Question in Intellectual Property in Illinois

i am currently developing a social site and i'm in need of a well written privacy policy and terms of use. The questions is if I use these two items from another website but change any reference to them and modify it a little to fit my site, will there be any copyright issues?


Asked on 9/30/10, 4:25 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Probably not. This cheap do-it-yourself method of legal protection will probably not get you in copyright trouble (i.e. not be a copyright infringement that anyone will care about), but it well likely get you in other trouble, since most privacy policies are adapted to a specific site after much customization to fit their particular needs. Infringing a copyright of someone to their T&C's is not your issue. Hell, they probably stole them from someone else and adapted them. Adequate legal protection to conform to the DMCA and safe harbor provisions is more of the concern. You should get the help of a competent internet/copyright attorney when doing this. Having said that, many attorneys will take the approach you have. Find a similar site, download its EULA, its privacy policy, etc and adapt them. However an experienced attorney will have done several of these and actually understand why the provisions are there and what your options are and which is going to serve you best. What works for facebook may not be best for you. Get an attorney, i.e. an expert who makes his or her living doing stuff like these agreements, and besides, you will need the attorney constantly as you go along if your social network site gets large. And...they can get really large really quick. Ask Zuckerman how that happened, or watch the movie for a hyped up account. The state where this expert attorney practices is less important than his knowledge of the DCMA, safe harbor, copyright lawt, trademark law, domain name laws, and anti-piracy laws and activities. If your attorney can't tell you , for example, the difference between limewire and bitcomet and utorrent, you have the wrong attorney.

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Answered on 10/08/10, 2:53 pm


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