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Attack of the ADA Trolls!

July 22, 2020 by Mark 2 Comments

WHAT’S UP WITH THE ADA?

Many influencers and content publishers, particularly in the DIY video space and lifestyle bloggers, are being threatened with expensive lawsuits over the Americans With Disabilities Act (“ADA”). I’ve been contacted recently by a number of clients who are increasingly concerned about their potential liability.

In this post, I’ll provide some basic information about the current trends in ADA compliance for websites that may help you understand what’s going on and how you can prevent or minimize the potential damage if you become a target. This is a bit longer than most of my posts and the information is rapidly changing so stay tuned for updates.

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Filed Under: Business, Compliance, Intellectual Property, Website Tagged With: accessibility, ADA, Compliance

GDPR – Oh Yes, There’s More……….

May 11, 2018 by Mark 11 Comments

My last blog post provided an overview of the new General Data Protection Regulation (“GDPR”) rules for the protection of personal data when capturing, storing, or processing personal data originating from individuals in the European Union (“EU”).

If you missed that post, you can read it by clicking here.

In addition to the GDPR, it’s also important for U.S. businesses to be aware of the EU Privacy Shield requirements. The GDPR is a comprehensive law designed to control the transfer and use of personally identifiable information in general. The Privacy Shield is concerned with only one specific aspect of data protection; namely the transfer of personal data from the EU to the U.S.

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Filed Under: Business, Compliance, Website

GDPR is Coming……………Are You Ready?

May 9, 2018 by Mark 1 Comment

 

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What the Heck is GDPR and Why Should I Care?

If you’re a blogger, chances are pretty good that you’ve heard about the “GDPR” at some point in the last few weeks/months. The chances are also pretty good that you don’t really know what it means, don’t know how or if it applies to you, or what to do about it. It can be very confusing and many bloggers are feeling a bit overwhelmed. However, not knowing about the GDPR is no longer a viable option moving forward because it’s about to take effect and what you don’t know can definitely hurt you.

Have no fear (o.k., maybe a little fear but we’ll work on it) and hang on for the ride. This is the first in a series of posts on the GDPR that will help you get up to speed.

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Filed Under: Business, Compliance, Social Media, Website

Work for Food? Work for Hire?

May 2, 2017 by Mark 6 Comments

What is a “Work Made for Hire?”

If you’ve been around the block more than once, you’ve probably heard the phrase “work made for hire.” It’s pretty common in the blogging world and a lot of bloggers think they understand it. Chances are they’re wrong. Few people, even lawyers, really understand what the “work made for hire” doctrine is, what it covers and, most importantly, what it does not cover. Most people think that “work made for hire” is a legal rule that can automatically transfer ownership of creative content from one person or company to another. While that is true in a few cases, it is not true for many, many situations – including the ones you are most likely to encounter.

So, buckle up, it’s going to get a little tricky but if you stick with me, you’ll be glad you did.

[Read more…]

Filed Under: Content, Contracts, Copyright, Intellectual Property, Social Media, Website Tagged With: contract, copyright, work for hire

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