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kew9

Junior Member
In New York, I am running a video series on my facebook page and website. It contains tips for entrepreneurs by other entrepreneurs, and investors, on how to better prepare for a networking event or sales pitch. Is there any specific language I should include with the videos to accomplish the following:
  • Not claim any of the investors'/entrepreneurs' ideas as my own
  • Waive a sense that these tips will guarantee a good proposal or investor decision
  • Assert that the videos were made voluntarily and no participant was paid or compensated in a way that jeopardizes the advice they are giving

Any advice on this would be greatly appreciated! Thank you!What is the name of your state (only U.S. law)?
 


quincy

Senior Member
First, I do know that people come to this site looking for free advice and they do not want that advice to be "see an attorney." I realize this.

That said, if you want to best protect your website from any legal actions arising from the content appearing on it, you should get legal assistance in drafting a "disclaimer" that covers all that it needs to cover, and in drafting "license agreements" between you and the investors/entrepreneurs whose video/advice you will be featuring, and in drafting a "terms of service" that outlines the rights held by the website and the copyright holders and in addition details what is expected of visitors to your site. Unfortunately, no one here can do that for you. The disclaimer and the license agreements and the terms of service should be specifically tailored to your needs by someone who can personally review all of these needs.

No disclaimer, no matter how it is worded, will work to prevent a lawsuit from being filed against you. Anyone can sue for pretty much any reason at all, even when a suit has no merit. The most a disclaimer can do is mitigate damages in the event you are sued and you lose the suit. For this reason alone, however, a disclaimer should be included on your site.

In addition to a disclaimer posted on your site, you need to make contractual or license agreements with those who use your site to publish their copyrighted material. You need to spell out what "rights" are retained by the copyright holder and what rights are being granted to you with the publication of their material on your site.

The terms of service will inform visitors to your site what rights your site and the copyright holders have in the material displayed, and what is expected of them as visitors to your site.

You, as website owner, have some "built-in" protection (or immunity) from civil actions that arise over any content published on your site that is created by others (see the Communications Decency Act's Section 230). This immunity is a qualified immunity, however, and can be lost if not exercised properly (ie, if you help to contribute to the content and are not merely hosting it).

You can do some pre-attorney-visit research on your own, to hold down costs, by exploring the internet and reading the Terms of Services and disclaimers that appear on sites similar to yours. You can also check out online the CDA's Section 230 to get a better idea of the immunity you may have to civil actions. And you can check out the Copyright Office's official website for information on copyright licensing (go to http://www.copyright.gov).

Then I suggest you take what you have to an attorney in your area and have him review your website plans.

Good luck. :)
 
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