Reading time: 2 minutes

Your Website Terms of Use apply to every website visitor. The Website Terms of Use, in addition to claiming your intellectual property rights, and setting out permissible and prohibited uses of your website, including that competitors cannot use your website information, should also have rules regarding republishing. Like any clause in a legally binding contract, best practice would be to have a business solicitor review (or better yet, draft!) these clauses for you.

 What is republishing?

In your Website Terms of Use it is important to define for the users of your site what is republishing and how, when and under what circumstances visitors to the Site may republish, if at all.

Generally, websites tend to allow visitors to republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the website subject to certain conditions.

 What are the standard requirements?

Of course, requirements will vary depending on your particular business, however, some of the more general requirement you might see in a ‘republishing’ clause might include:

  • Visitors not being allowed to make alterations to any of the materials that it takes from the website and republishes;
  • Visitors attributing the material from your website, including linking back to your website whenever possible; and
  • Visitors not republishing the material from your website in any way which could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or would bring you, your business, or you website disrepute.

The above requirement might seem obvious, yet many businesses fail to include them in their Website Terms of Use, leading to breaches of their intellectual property rights – a problem that is often difficult to contain without proper legal support.

Conclusion

Commercially speaking, it makes sense to allow republishing of your content and to ensure that the correct attribution is provided. This may increase awareness of your website and promote your business. To protect your business, in your Website Terms of Use, you can set out the procedure for republishing material from your website.

If you have any questions regarding your Website Terms of Use, you should speak to one of our online business solicitors today!

Webinars

Legal 101 for SaaS Companies

Thursday 22 July | 11:00 - 11:45am

Online
Understand the contracts you need for your SaaS business with our free SaaS legal essentials webinar.
Register Now

Construction Contract Essentials

Thursday 12 August | 11:00 - 11:45am

Online
Understand how construction contracts are drafted and how to protect your construction business.
Register Now

Startup 101: Understanding Cap Tables and ESOPs

Thursday 19 August | 11:00 - 11:45am

Online
Cap tables and employee share option plans are essential for fast-growing startups. Learn more with this free webinar.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards 2021 Law Firm of the Year - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer