Legal Question in Business Law in Maryland
Internet Law Question
Internet Law:
If I film people in bars and restaraunts and put the video on my non-revenue generating website (eventually I would like it to generate revenue but I'm not sure of when I will be turning the site into a business - llc), what actions should I take to cover myself from being sued?
1. Put disclaimer on the website
2. Make person who is being filmed sign disclaimer
3. Make bar/restaurant sign disclaimer
4. Start a corporation so I am covered through Limited Liability
Please let me know which combination or if all 4 would be the best?
Thanks
1 Answer from Attorneys
Re: Internet Law Question
There are a bunch of potential issues and pitfalls here. First, if you are in Maryland and you are recording audio of people you may have issues regarding Maryland's very strict wire-tapping statute. That statute makes it a criminal offense to record someone's voice without their permission. Even surveillance cameras do not record audio in Maryland for that reason.
With regard to the images, if they are taken in side of private facilities such as bars and restaraunts, you may want to protect yourself by getting permission before you film there if you intend to distribute over the internet, and especially if you expect to make money at some point.
There are other issues relating to the video images themselves depending on the acts that are recorded, the locations etc.
you should certainly form a company if you are intending to operate on the internet. That will not necessarily insulate you from all personal liability, but if you are intending to grow your business, then you need to incorporate for the future anyway.
As for the web-site --- again, depending on what is the content etc. you almost certainly want to have an user agreement that has "click-through" terms and conditions and limits anyone's right to sue you, and also protect your copyright and other business interests in the material on your site.
Please feel free to call if you want to chat further about these issues.
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