Copyright law provides on of the most important forms of intellectual property (IP) protection on the Internet. It is difficult, however, to adopt traditional copyright law to the electronic transmissions of the on-line world.

The most difficult aspects of adopting copyright law to the on-line world stems from the fact that virtually every activity on the Internet- such as browsing, linking, downloading, accessing information, and operation of an Internet Service Provider- involves the making of copies, at least if the law treats electronic data stroed in RAM as "copies" for the purpose of copyright law. If the law were to treat all forms of "copying" as infringment of the copyright holder's rights, then the Internet would not be functional. The law must establish guidelines for which forms of copying should be deemed within the confines of the copyright owner and which should not. The following are answers to commonly asked questions:

1. What is the liability of Internet Service Providers (ISP)?

Any service provider who uses or knowingly permits others to use his or her host computer or bulliten board to store and dissiminate unauthorized copies of copyright works is in danger of a civil action for infringement. It is recommended that you follow the guidelines set forth in a fair use doctrine.

2. Can an ISP be a party to a Defamantion Action?

Yes. Be careful of E-Mail messages and chat rooms. ISP can restrict access to or availability of material that it considers to be "obsene, lewd, lascivious, filthy, excessively violent, harrassing, or otherwise objectionable." (see Communication Decency Act of 1996)

3. Can an ISP be liable for spreading viruses?

Yes. Intentional placing and disseminating a computer virus is actionable under the U.S. Computer Fraud and Abuse Act and various state statutes. If an ISP knowingly allows or does not take reasonable steps to prevent the dissemination of a virus from their host computers, they too may be liable.

4. Can an ISP be liable for the unauthorized dissemination of confidential information (i.e. computer hacking)?

Yes. Violators may be prosecuted under the Computer Fraud and Abuse Act of 1986 and various federal statutes dealing with interstate transfer of stolen property. If an ISP knows of such activity through its host computer, it must take reasonable steps to stop it.

5. Is the ISP liable for false advertising on a web site?

Yes. It is important to know who is controlling the content of the advertising on the web site. If the ISP knows the advertisement is misleading, it should take corrective action.

6. Can an ISP be liable for Copyright Infringement for users who use their service to browse on the Internet?

Maybe. A copyright holder of an article or photo which he or she places on the Internet with the intent and desire that it is to be browsed, gives the viewer the implied license to browse and print-out a copy of the material. Such use is subject to the fair use doctrine.

If a person browses or prints-out an article or photo that was placed on the Internet without authorization is protected and considered an innocent infringement.

7. Can an ISP be liable for the use of "links"?

It is important that you know the difference between "out-linking" and "in-linking".

"out-linking" is genreally protected by fair use or implied license doctrine.

"in-linking" is generally determined on a "case-by-case" basis. Due to this, you should be very careful. It is also subject to infringement of copyright holders right to produce derivative works.

If you want to link to another site, we recommend that you obtain their permission. If you can not obtain their permission, then we recommend that you link to their home page (see Ticketmaster Corp. vs. Microsoft Corp., Civ. No. 97-3055 (C.D. Cal. 1997)).

8. Can you use another company's trademark as your domain name?

The answer to this question depends on how "strong" the trademark is. If the trademark is strong, such as "McDonalds", your use of the mark, such as "McDonalds.com" can be precluded. If the trademark is weak, you may be able to use the trademark as your domain name if you are in a different market area. If you are in the same market area, you may not be able to use the trademark as your domain name.

9. Is it wise to reserve domain names that use another company's trademark?

No, this practice is known as "domain name hijacking". In many cases, you are simply buying yourself a lawsuit. The U.S. Patent and Trademark Office recently posted a notice on its web page concerning the registration of domain names as trademarks. To obtain registration, the applicant must show use of the mark as an Internet source identifier, and not merely locations that contain advertisements or other information, normally expected or routine in promoting an entity's goods and services.