As more people expand their presence on the web, there will almost certainly be more gray areas concerning legal Internet issues. Keep these legal Internet issues in mind if you’re planning on expanding your firm’s website or online marketing strategy.

Copyright Issues

Copyright is often included on lists of tips for social networking and online marketing. Once content is published online, other people can swipe it and pass it off as their own without any attribution.

Technically, copyright exists from the moment you create your work. But if you don’t register your copyright, you can’t bring a lawsuit against anyone who may be infringing on your content.

If you haven’t registered your material yet, do so. Make sure you put a copyright notice in the footer of your website, even if you haven’t officially registered your copyright yet. A simple “© 2010 [Your Firm Name]. All rights reserved.” could ward off potential content thieves.

Trademark Issues

Copyright and trademarks are not the same thing, and when you’re dealing with legal Internet issues, it pays to know the difference.

In this digital age, “branding” is a huge concept — it’s not just for large businesses and firms anymore. Simply purchasing a domain name for future use could actually be considered infringing on a company’s trademark!

Trademarks are essential to distinguish your brand from others. Making sure no one is infringing on your trademark is important, especially if you expect potential clients to search for you using your particular trademarks.

A “common-law trademark” is established by using your trademark in commerce, which affords some rights if someone registers your trademark in a domain name. An existing common-law trademark will allow you to file a trademark infringement suit. More protections are offered, of course, when you file your trademark with the US Patent and Trademark Office.

Domain Name Issues

Speaking of domain names, there are more legal Internet issues involved with domain names than simply infringing on someone’s trademark when registering.

More and more domain name disputes are coming up today, including domain name theft, domain squatting (also known as cybersquatting — registering a domain name known to be a registered trademark or company name and waiting to receive an inflated payment for said domain) and typosquatting (a type of domain squatting that relies on typographical mistakes by Internet users who are trying to get to a well-known site and instead are directed to competitors).

Domain disputes are becoming common legal Internet issues. But there is some protection: ICANN’s Uniform Domain Name Dispute Resolution Policy ensures through arbitration procedures that domains are transferred to rightful trademark owners. Additionally, trademark owners can receive monetary damages from squatters through the Anticybersquatting Consumer Protection Act.

Other Issues

It’s important to establish a list of terms and conditions for your website visitors, along with a privacy policy.

A list of terms and conditions for your site forms a binding agreement with website visitors. A privacy policy establishes a different relationship with visitors — it tells them how information is gathered and with whom it is shared. This is especially important if clients or customers are submitting personal information through your site.

Finally, remember that there are stricter guidelines for the use of endorsements and testimonials on your website. People who endorse products that they received for free must disclose that they did receive a free sample. Also, beware of the phrase “results not typical” — it’s best to just explain what the typical results are.

Being aware of these legal Internet issues can help you protect your website content, your unique brand and your company overall.

But how do lawyers go about creating fans on social networking sites? It’s easy for celebrities and other well-known public figures to get fans and followers, but lawyers can do it too. To start, follow these tips:

1) Be Authentic & Compelling

Sure, a main goal of social networking for lawyers is to generate business, but messages should move beyond just sales pitches. Direct sales pitches can be off-putting to social media users.

Instead, offer news or information that is timely and answers questions. Participants in social networking will begin to look forward to your output of information, and you will become a friend and trusted source.

2) Find an Online Medium that Works for You

Some lawyers have a successful social networking experience with Twitter because they find it easy to put out several short messages a day to connect with people. But maybe Twitter isn’t your strong suit. It’s OK!

Maybe you prefer audio or video to writing. Posting podcasts on your website or videos on a YouTube channel are popular ways to get fans and followers. Then use your preferred medium to direct those followers to your other sites — your blog, Twitter account, Facebook page and main website.

3) Stay Consistent

Social networking participants come to trust the people they follow because they are consistent in their updates. They can expect regular updates, messages and advice on a schedule.

Lawyers using social networking must also stay consistent in the content of their messages. It may be tempting to spout off all of your knowledge on a variety of subjects to show how well-rounded you are, but try to focus on one subject at a time when writing a blog post or making a video.

4) Help Your Fans Get More Involved

Celebrities often send messages on Facebook or Twitter that their fans appreciate and understand. Fans feel more connected to celebrities when they know that they are writing messages especially for them.

While lawyers may not have the social networking pull of actors or musicians, they can also make their followers feel special. Once you have used social networking to connect with people, use these same sites to offer special discounts and deals.

5) Make a Habit of Listening & Responding to Your Fans

Once you acquire fans or followers, you should keep up with them. There are many easy ways to stay connected with your audience:

• Follow your audience on Facebook, Twitter and LinkedIn and pay attention to your news feed. (You can start by following Legal Language on Facebook and Twitter!)
• Read any blogs your followers might have.
• Set up Google Alerts to notify you of any information relevant to your interests.

If you stay connected with your audience, you will be able to create content that they will really appreciate and connect with!

It may seem daunting to get started, and there are always legal social networking issues for lawyers to keep in mind. But the benefits can really outweigh the risks!