New company to provide online dating profiles. Looking for a lawyer

Asked over 1 year ago - Los Angeles, CA

My new company is looking to hire freelance writers to create online dating profiles for individuals. The writer would speak with the potential client about how they want their profile to appear. Then the writer would create the profile and ask if any revisions are needed. Is there any legal issues with this business model? Which type of lawyer is the right fit for this job?

Attorney answers (7)

  1. James Juo

    Contributor Level 16

    3

    Lawyers agree

    1

    Answered . You may need a copyright attorney who has experience with work-for-hire agreements. Are you concerned about owning the content?

    This answer is for informational purposes only. It is not intended as specific legal advice regarding your... more
  2. Steve C Vondran

    Pro

    Contributor Level 6

    3

    Lawyers agree

    Answered . Generally speaking, In any issues involving the use of creative talent and the internet, if it were my company I would want a business and intellectual property attorney who understands eBusiness and Internet law. This is a growing area of the law in need of more skilled internet law practitioners.

    This is not legal advice or a substitute for legal advice and may not be accurate. Answering this question does... more
  3. David Nima Sharifi

    Contributor Level 9

    3

    Lawyers agree

    Answered . I would consider an intellectual property attorney who is familiar with copyrights, trademarks, writer agreements, and, a has experience working with startups in the technology and social networking space, to not only help you control the intellectual property writes vis a vis your freelance writers, but also to assist you with your agreements with web developers who will create your site.

    In addition, "dating sites" have sometimes come into legal cross hairs by hooking up individuals with spotty backgrounds. Your revenue model(s) should also be considered. Whether your site vets users on some degree may be a legal issue. (see Match.com lawsuit link below).

    So, in addition to your traditional intellectual property considerations in controlling the copyrights to the work freelancers do for you, a new media savvy attorney who understands privacy considerations, mobile and expansive website development agreement, niche social networking and related markets, and the legal and business affairs that are implicated from these activities can be of tremendous value to you.

    Do you have a business and marketing plan?

    This content is a discussion of legal issues and general information; it does not constitute legal advice and... more
  4. Kavon Adli

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree with the answers of the two attorneys who have responded thus far. I would add to their responses that you would benefit from the services of an attorney with experience in writing terms of use agreements and disclaimers for websites, and evaluating websites and related business models for legal compliance issues.

    This answer is provided for informational purposes only, does not create an attorney-client relationship, and is... more
  5. Ryan Adam Ballard

    Contributor Level 11

    2

    Lawyers agree

    Answered . Have you actually selected a business entity? If not, a business lawyer coul help with that. What is your concern with the writers? If it is related to your relationship with the writers I would lean toward an employment lawyer. Business and employment law have some areas of overlap so you could probably find an attorney who does both.

  6. Bruce E. Burdick

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need a California Internet business attorney or Entertainment attorney or IP attorney.

    You will want to three things to protect yourself, I think:
    1) An services contract between you and the "freelance writer", which should include customer contract restrictions and conditions, work-for-hire provisions, copyright assignment provisions, non-compete provisions, and indemnification.
    2) A services contract between you and the customer, including privacy and publicity provisions, conditions under which profiles will be posted, a release of liability, a warranty disclaimer, etc. ;
    3) An LLC, Sub-S, or Sub-C business entity to insulate and protect your personal assets from being attached in any consumer suit; and
    4) Liability insurance.

    There will be numerous other issues relating to trademarks, copyrights, patents, etc. that also need to be addressed but which you seem to be ignoring due to a focus on what happens if one of your writers rapes a client or sells their ID or whatever is it that you are scared your writers might do.

    See the attorney and you will be less stressed about this.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
  7. Bennet Gerard Kelley

    Pro

    Contributor Level 4

    Answered . I have worked with dating sites and my concern would be the business fall out if people knew the bios were ghost-written. People draw clues from how people tell things and not just the substance delivered, you are spending money to eliminate clues that might be valuable to your clients.

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