I live in the US and I am creating a site with very same functionality and legal issues as craigslist. 1. Can I adapt/tweak their terms of use and privacy policy for my site? I would think if its not copy protected, this wouldnt be a problem. I dont want to hire a lawyer to draft almost identical TOU and privacy policies. Another question: 2. What is the general protection necessary for a new startup site to protect its -logo? (obviously a trademark), but is there an automated inexpensive service to do this -name? (trademark too), but once again a suggestion for a inexpensive route? -financial liability? I have an S corp established in California which should shield my personal assets, but what do I need to make sure has the corp's name on it (hosting companies records? the site itself? whois? etc?) Any help with these two questions would be greatly appreciated. Also any other legal suggestions for a startup would help a lot too.Thanks in advance
1. No you cannot use the TOS or privacy policy from another site without their permission. When you create content, it has an automatic copyright. 2. The US recognizes common law trademarks, no filing is required. Of course there are benefits to having a Federal Registration. You can file yourself, but it needs to be done exactly correct or you lose hundreds of dollars in filing fees. Figure about $1000 per mark if you hire a service to do it. You need to make sure you were the first person to use the term for this type of usage, which is why you should really have a trademark search done prior to paying filing fees. 3. A corporation does give some personal asset protection, but will not protect you from instances of fraud. You need to keep records, minutes and not mix personal funds - run it like a corporation and use the corporate name for everything you are doing business under and want to keep apart from you personal assets. 4. Make sure you pay the minimum annual tax of $800 in California even if you don't take in a penny. California is very aggressive in enforcing this after the first year. You local city may require a business permit, even if you operate out of your house.
I am little fuzzy on the idea that creating content creates an automatic copyright. Do you have something to back that up? After I posted this, I spoke briefly with a copyright attorney and she said that as long as craigslist TOS is not copyrighted (like someone who writes a book copyrights) I would be able to modify to my liking. She was going to charge me to do the search Either shes wrong, your wrong, or this is a gray area and everyone is right
Find a different attorney. "As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires." http://en.wikipedia.org/wiki/Copyrights Do I have to register with your office to be protected? No. In general, registration is voluntary. Copyright exists from the moment the work is created. http://www.copyright.gov/help/faq/faq-general.html
Ok, but is it safe to say that for the time being if I do use their TOS they wont come after me (I mean the site has no revenue model right now)? I am not planning on it profiting in anyway right now or anytime that I would be using a modified version of it...In other words, their TOS is just protecting me liability from a user's misuse.
Another quote from that site "Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed." I think it is safe to say that I could use a modified idea/system from craigslist
I would be very worried about a "copyright attorney" who does not know that a copyright automatically attaches to all works the moment they are created. Run, don't walk, from this attorney. I will try to be simple for you. You may not copy anyone's TOS. That is not to say that you cannot use it as a guide to draft your own. Many of the terms will probably be very similar or identical, but copying the terms verbatim is definitely a problem. The problem with lay people trying to use a TOS as a guide is that they may not understand the legal rationale for a particular clause being in the terms. They may inadvertently alter something and change the legal meaning without realizing.
I will run away, thanks for the suggestion (on that note, how to find a credible copyright/internet attorney in CA?) And I wasnt going to copy "the terms verbatim" but rather modify to fit the sites content/functionality. Thanks for yours guys thoughts
The best way to find an attorney is though people you know and personal recommendations. If you don't know if anyone then you might try one of the bar referral services. If you are in Los Angeles county you can call the LA County Bar, and they can refer you to an attorney. There is a small $35 dollar charge and they will refer you to up to 3 attorneys who will have an initial consultation with you at no charge. (I believe that is still the case) That number is 213-243-1525. http://www.lacba.org/showpage.cfm?pageid=167 Or you can contact the California State Bar for a referral to an attorney and that number is 866-442-2529