Website Terms of Use set out the relationship between your business and any users of your website. Amongst other things, the Website Terms of Use will provide protection of intellectual property on your website, such as your business branding, logos, content, etc. It’s certainly advisable to speak with an intellectual property law specialist who can explain exactly how best to achieve protection of your business’ intellectual property.

Should I protect my intellectual property?

It is essential when drafting your Website Terms of Use that you protect your copyright and intellectual property rights. Websites contain a number of different types of intellectual property, including content, design, layout and trademarks. You should ensure that all of these are protected by speaking with an intellectual property lawyer to get tailored advise for your business.

You should explain that all of the material on your website that is owned or licensed to you is protected, and list all applicable material including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of your website. You should make clear that you own the copyright which subsists in all creative and literary works displayed on your website. Furthermore, it is important that you explicitly state that no intellectual property rights are transferred and no licenses are granted to any person, simply because they are using the website.

To ensure that visitors understand what constitutes a breach of intellectual property and copyright, the Website Terms of Use should clearly set out what conduct constitutes a breach, including without limitation:

  • Altering or modifying any of the code or the material on your website;
  • Causing any of the material of your website to be framed or embedded in another website;
  • Creating any derivative works from content which is available on your website; or
  • Using the content of the website for any commercial purposes without permission.

Conclusion

The ease at which content can be copied or altered means it is important to protect all of the intellectual property involved in your business and the content on your website. If you’re unsure how to go about drafting your Website Terms of Use, and to ensure that your intellectual property is well protected, you should speak with a qualified, experienced business lawyer.

You can save your business valuable time and money by getting your Website Terms of Use correct in the first place. At LegalVision, we have online lawyers who can assist you with drafting thorough Website Terms of Use.

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