Legal Question in Technology Law in New York

unofficial web site

Is it legal to start an unofficial web site about a private organization - for example a local fire department? The site would be started by a member who wants a place to share memories, knowledge and trivia with other members of the department as there is no interactive website belonging to the department for this purpose.


Asked on 1/23/07, 1:00 am

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: unofficial web site

There is nothing illegal about it - many have created sites like that. However, if you are an employee or member of the organization it is possible that there may be some adverse action taken against you by the organization if there is anything negative on the site.

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Answered on 1/23/07, 7:04 am
William Frenkel Frenkel Sukhman LLP

Re: unofficial web site

I would just add that what's at issue here is the source and ownership of the content you intend to place on the site. Apart from the potential liability for defamation (anything perceived as negative), there may be claims of privacy/publicity/copyright and trademark infringement as well as contractual confidentiality claims that may be brought against you by the organization you dedicate the site to and/or its members. "Unofficial web sites" are a fact of life on the Internet but the best course of action for you is to get their consent in writing before construction and publication. If the consent is not forthcoming you would know you are in for a fight and can then assess your legal risks by contacting an IP attorney if you still want to proceed.

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Answered on 1/23/07, 11:04 am


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