Guidelines for Content to Reduce and Prevent Claims

Intellectual Property safeguards

Guidelines for the digital information age

The Professional Liability Insurance ( Errors and Omissions Insurance and General Liability Insurance) safeguards below  that apply to your operations should be adopted to reduce and prevent claims against your company.

  • Formalized intellectual property clearance procedures
  • Acquisition of all the necessary rights, licenses, releases and consents applicable to content or services created or provided by you or by third parties
  • New hire and independent contractor agreements, which include signed statements declaring that a previous employer’s or client’s trade secrets or other intellectual property will not be disseminated or used .
  • Contractual acquisition of all rights (including electronic rights) to work done for you by third parties, including intellectual property rights, hold harmless and indemnification clauses which inure your benefit pertaining to that work
  • Permission of sites you hyperlink to or frame
  • All content and services prior to release or dissemination regardless of medium, including updates or changes to functionality of your website
  • Referral and affiliate program agreements
  • Content and services with respect to intellectual property laws in foreign jurisdictions where you provide services
  • Licensing/Cross-licensing agreements
  • Legal review and permission to use the trademark of others

General Liability Insurance Disclaimers

  • On link to or frame
  • On your website pertaining to any content made available or disseminated

Trademark searches for

  • Your domain name
  • Product/service designs, names and/or logos
  • Other content
  • Professional search firms
  • Legal counsel
  • Computerized database search

3 Don’ts of Professional Liability Insurance and General Liability Insurance

DON’T advertise your services as superior to or use comparisons to the services of others without legal review performed prior to dissemination.

DON’T ever advertise that your product is similar to or a clone of services of others without a legal review performed prior to dissemination.

DON’T forget to implement a formal policy on action steps necessary to address complaints of inaccurate, defamatory, infringing or troublesome content on your website(s) or other content you responsibility for or have designed

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