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If you draw up your own terms and conditions of copyrighted material does it hold up in court?

Findlay, OH |
Filed under: Internet law

I am starting two websites, one on depression and one on photography. If I write a terms and condition on the depression site warning that I am not a doctor by any means, that it is not professional medical advice can I be sued if someone does something and blames something from my site?
My photography site, if I draw up a terms and conditions of my own for use of my pictures as a copyright law, can it hold up in court if someone violates the terms and conditions?

Attorney Answers 3


  1. Your budget should include a lawyer to help you with Terms & Conditions as well as a Privacy Policy. Disclaimers about medical advice vary by state. As for copyright, you also need a lawyer to help draft agreements with photographers or other sources of images.

    This comment is NOT LEGAL ADVICE and is posted for informational purposes only. I am not your attorney; you are not my client. Both you and any other person reading this comment SHOULD NOT RELY UPON this comment. Regardless of the information provided in this comment, any reader of this comment should CONSULT AN ATTORNEY to get the legal advice you are seeking.


  2. Yes, I write them they will hold up in court, but I'm an IP lawyer.

    If YOU write them, chances are good that some portion of them will not hold up in court because you are not a lawyer and do not likely know the relevant law.

    Yes, you can be sued regardless of your T&C's. If someone is injured as a result of your negligence or willful acts, there is a chance you will be found liable regardless of your T&C's. Judges try to do fairness and render just results. If your T&C's violate law (including common law) you not only can be sued, but held liable.

    Don't play amateur lawyer and have a fool for a client.
    Don't pay nothing for legal protection and end up with what you paid for.
    Get a lawyer. If it's worth doing it is worth doing right and doing legal.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  3. Are you publishing the two websites in order to do business via those sites or are you simply publishing material on those sites for your personal pleasure? If the former, then you are NOT simply "starting two websites" -- you are starting a business [or two]. Which means you need to speak with a Ohio-licensed business attorney about how to structure, start and manage a company from which you can do business. One of the chores you will have to do is draft propert Terms of Service for your company[s] websites. But that's just one of many chores. Good luck.

    The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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