INTERNET LAW

Odin Law and Media counsels businesses and individuals in a wide range of internet matters.  In each of these areas, the firm works to provide efficient service with a predictable fee whenever possible. These are nuanced areas of the law, and you should not expect an attorney who dabbles in them to have a real understanding of the issues. Odin Law and Media does not dabble.

In addition to its full suite of digital media, video game and entertainment related services – including those for bloggers, vloggers, YouTubers and streamers, Odin Law and Media offers representation in the internet issues below, among others.


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Doing Business Online

Terms of Service – Also called Terms of Use or, in some cases, a EULA, these terms govern the relationship between a website or app and its users. Users must agree in order to get the benefit of your business’s website or app. It is important to ensure these protect your business from various liability, preserve copyright and decency safe harbors and accurately capture the intended relationship with your end users.

Copyright, DMCA – Copyright infringement is rampant on the internet, but that doesn’t mean it is permissible. If your site allows users to upload or post content, the Digital Millennium Copyright Act can provide safe harbor for those users’ activities – but only if you adhere to its formal requirements. If you have created works of art (photos, music, visual art, etc.), you have the exclusive right to exploit that work. If someone is infringing your rights, you may be able to stop the infringing activity or pursue them for damages.

SaaS – Software as a service agreements allow one party to provide software to a another like a license, but treat the software more like ongoing services as though it was being performed by an individual person.

Privacy – Businesses that collect personal information from their users are subject to regulations. Those that share it or sell it have additional risks. Certain types of information, like educational records, medical information, financial information or information about children, is especially sensitive. A privacy policy is a critical disclosure. It tells users, “Hey, this is what we collect, how we protect it and how we share or use it.” This kind of disclosure is increasingly important in light of GDPR, CCPA and other regulation.

Ecommerce – Whether your business exists solely online or you bring your main street operation into cyberspace, doing business on the internet presents new legal risks and challenges. Appropriate documentation and regulatory guidance can save your business in the long run.

Domain / Advertising Disputes –  Your business’s brand is its reputation. When another person or business tries to capitalize on it through similar domains, keyword scams or other tricks, it’s important you put a stop to it.

Crowdfunding – Raising cash from a bunch of people can be a great way to jumpstart a project or it can be a tool to give fans a way to feel connected to a project’s success. Odin Law and Media can help ensure your campaign complies with advertising and solicitation regulations and keep you out of harm’s way with securities regulators. If offering non-security backed crowdfunding like Kickstarter, GoFundMe or Patreon, Odin Law and Media can assist with FTC compliance, and can consult on the substance of your campaign (for example, did you accurately forecast the cost of those rewards?).

Advertising, Promotions – Are you running a contest or an illegal lottery? Is your one-time promotional giveaway illegal gambling? Does your advertising campaign make legally impermissible claims about your product or service? These are questions Odin Law and Media can help answer.

Development and Hosting

Software, Agile Development Contracts – If you’re a software developer, or you’re hiring one, it is critical that you document the development deal. Lack of documentation can lead to clouds on IP ownership, unclear deliverables and milestones or a lack of remedies for failure to perform. Agile development agreements also should be carefully crafted to ensure that sprints and pivots are clearly anticipated.

Web Development and Hosting Agreements – Web development contracts, like traditional software development, need to be properly papered to ensure the client gets what they think they are paying for, to ensure the developer gets paid, to allocate liability and to create a clear IP title. Hosting contracts must also be inspected for uptime guarantees, liability concerns and remedies.

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