Legal Question in Technology Law in New Jersey

Re: web master liability

Yes, you could be liable, civilly or criminally. Even though you do not create the core content, you directly are responsible for posting it on the web.

For example, if you are setting up illegal porno websites, you might be criminally liable.

Or, if the content includes defamatory material, you could be sued (along with the content provider) for defamation.

The degree of your liability might vary depending on the particular circumstances. You should probably insist on a written indemnification agreement with the content provider as well as obtain liability insurance for yourself.

Re: web master liability

Your question really depends upon a number of considerations that are difficult to determine from the brief statement of facts that you have provided. The California case of RTC v. Netcom defined the possibility of when an ISP maybe liable for copyright infringement. The amendments to the Copyright Act under the Digital Millennium Copyright Act (DCMA) codified the procedures by ISPs could avoid liability for such infringement.

From the fact that you have provided, your roll in the web site maintenance is unclear. Are you an ISP, a sub-contractor of your clients working with an ISP or a separate entity?

The short answer to your question of liability is "maybe" and the answer really depends upon the specific facts underlying your relationship with your clients and the ISP. For example, does your working agreement with your clients include an indemnification clause?

Keep in mind if you have been notified that some material infringes upon the copyrights of others such notice may also change your position on liability.

If you have a specific concern then you should review those specific facts with an attorney to determine your risk of liability.