Legal Question in Technology Law in New York

A very broad question. You certainly may not allow students to trade music. You will also have a problem having a minor consent to a user agreement. Under law, an individual under 18 may not enter into a contract.

Mike.

I must agree with the counselor above. However, as a starting point, you may want to look at the list that I prepared for our firm blog on the subject of web sites with social networking issues.

1. UGC. In other words, it is critical that any social media service operator has in place a clear directive on the ownership and sourcing of intellectual and other properties contributed by users. Look no further than Youtube to see a constantly evolving landscape on how DMCA is applied.

2. IP in General. It is important to have basic copyright and trademark knowledge as commercially potted items routinely make their way into social media forums. Also, your own policies towards user IP needs to be addressed (do you own the works that users place n the site, are you granted a perpetual non-exclusive license to adapt and edit?)

3. DMCA. In addition, a clear statement of the DMCA (Digital Millennium Copyright Act) and its application to the site is critical. If you are unfamiliar with the DMCA safe harbor you should become familiar with it as soon as possible.

4. Defamation and Section 230. In an age where users are more vocal with each other coupled with social media toolsets, the possibility for defamatory statements rises exponentially everyday. Section 230 of the Communications Decency Act is a statutory safe harbor for defamatory statements made by users about other users. Similar to the DMCA, this is a safe harbor for operators that should not be overlooked.

5. Privacy, Privacy, Privacy. On the forefront of the social media legal challenge is the protection and use of user data (personally identifiable data in particular: emails, names, social security numbers, etc.). The FTC has just weighed in on this debate by refining its privacy guidelines. Also, to the extent that the site operates and is accessible overseas, you may have to comply with overseas privacy mandates (the EU in particular has a very user friendly regime). US operations may wish to apply for a privacy safe harbor.

You may also want to peruse the blog in general, which is viewable at www.newyorkbusinesslawblawg.com. And should you need to counsel to assist you in your venture, please feel free to contact us to discuss if we may be of service.

Best,

Kaiser