"Legal Issues for IMers" book -your input?

mont7071

mont7071

WF Premium Member
Feb 10, 2009
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Portland, OR USA
OK, for those of you that have followed my IM Legal Questions threads (here, here, and here) and sent in your feedback, this one is for you. After a lot of PMs and interest from WFers, I've decided to get off my ass and actually start putting together a "Legal 101 for IMers" product.

I"ve partnered up with another WF member and some outside attorneys I know, and now I need your recommendations for what you would want to see in such a guide. The following is our tentative Table of Contents, let me know your thoughts and anything else you think should be included. Marketing and promotional ideas welcome too.
***
***
I.Introduction


II.Starting your Internet Marketing Business
a.Making a business plan
i.Goals
ii.Timeframe
iii.Resources/Financing
iv.Name of your business – (not using any deceptive names)
v.Protecting yourself from personal liability
b.Choice of Entity – Pros and cons of each
i.Sole Proprietorship vs. LLC
ii.C-Corp
iii.C-Corp Subchapter S
iv.Partnership
c.Registering trademarks and copyrights
d.Taxes & Registration requirements
e.Website Terms & Conditions, Disclaimers, and Privacy Policies
f.Non-disclosure and Confidentiality agreements
g.Best practices for internet marketers
i.Where to host website
ii.How to pick and choose affiliates and advertisers
iii.How to pick and choose where to outsource
iv.DIY legal forms, steps, and problems

III.Copyright and Trademark
a.What is copyright and trademark?
b.Ownership of copyright
a.Creator
b.Copyright and outsourcing issues
c.How do I obtain a Copyright or Trademark?
d.What happens if someone infringes on my copyright or trademark?
a.DMCA takedown notice
b.Cease and Desist Letter
c.Litigation
e.What happens if I infringe on someone else’s Copyright?
a.DMCA
i.What to do if you get a DMCA notice
ii.What to have on your website to help with DMCA problems
f.Best Practices, typical problems we see and how to avoid them (Oprah/Obama)

IV.FTC and Internet Marketing

a.Basic FTC Rules that govern internet advertising.
b.Enforcement of FTC along with Lanham Act
c.WOMMA and Web 2.0 internet marketing issues
d.New FTC Guidelines
a.Who does it affect?
i.Can company be liable for statements made by affiliates/advertisers?
ii.Do I have to comply with the guidelines? What happens if I don’t?
iii.Do only US based companies have to comply?
b.What is required?
c.What about endorsements and testimonials?
d.What is an adequate disclosure/how do I protect myself?
e.What to do if I get a letter from the FTC/AG?
a.Settlements and Consent Decrees

V.Blogging and Content Writing
a.FTC Guidelines regarding blogging (same as above)
b.Autoblogging
c.Fake Blogging/Review Sites
d.Article Spinning

VI.Privacy
a.Privacy agreements on sites
b.Can I sell user data?
c.Cookie Stuffing – The Digital Point scandal
d.Confidentiality
e.Federal CAN-SPAM Act, 15 USC 7701-7713
1.Opt- in Compliance Provisions
2.Clickwrap/browsewrap
3.Crossover to mobile marketing on cellular phones
a.TCPA applies to SMS and text messages sent over internet to phone. And to email from phone
f.Facebook Open Graph/auto-friending

VII.Domain Name Issues
a.Cybersquatting
b.Typosquatting
c.Monetization issues/Reselling

VIII.International Issues
a.Do people/businesses outside of US have to comply with US law?
b.Can US citizens have offshore bank accounts and hosting?
c.Do individuals and companies in the US have to comply with international law?
d.European Advertising Standards Alliance

IX.Miscellaneous issues
a.CAPTCHA breaking
b.Scraping
c.Facebook/Twitter Marketing and violations of TOS
d.Blog Spam Commenting

So, what do you think? Provide some good feedback/ideas and your copy will, of course, be free.
 


I think that's a great idea. While WickedFire is notoriously anti-ebook, I think this could be an exception to the rule :D

Any ideas what the price point may be? and formats? Will you offer a physical book for sale on Amazon?

I'd like a copy when it's ready.
 
SEO_Mike said:
I think that's a great idea. While WickedFire is notoriously anti-ebook, I think this could be an exception to the rule :D

Any ideas what the price point may be? and formats? Will you offer a physical book for sale on Amazon?

I'd like a copy when it's ready.
Click to expand...


Ya, I'm pretty anti-eBook too, but something like this is hard to do with just a hard copy version, plus Internet law changes so fast it needs a method for quick updates vs. waiting for a new paperback version to be released. Plus, most of us are used to doing our reading online, not out of an actual book. I'll probably release both versions though, so people can choose.

Open to suggestions on pricepoint, probably fairly low, since the book will also be used to drive referrals from people who read it and still need to hire an expert lawyer. Might do an affiiliate program on it too, so those commission costs may be a factor.
 
great, i would be more than happy to buy a hard copy/ebook version. am sure most of the WF members need this every now and then

A few suggestions for the book:

If possible include a section for international affiliates who could be sued in US, what are the possiblities of the lawsuits and how they can defend it being outside of USA
 
Damn, looks like you have really put some time in on this one.

How about, "Is it legal to post meatspin on wickedfire?" with the sub section "What if it is a noob who used the boobs icon and didn't post boobs?"

In all seriousness, this is a good idea and i'm sure a lot of people would want to know this stuff. Look forward to seeing the final product.
 
I discovered this service pretty recently: https://www.createspace.com/

The margins are reasonable imho, it stops people from torrenting a PDF, and it sure as hell looks more professional to see the product listed on amazon than some bs lander. Not to mention you can update it once every six months to a year with a new edition.
 
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I might suggest a quick reference guide within the book which would make finding a certain chapter or section easier if you know what I mean. Not like a table of contents but something like tabs sticking out the side of each section like you would find in a cook book if that makes any sense.

Look forward to buying this please let us know when it is ready
 
You're in a good position to become the authority in this space. The "go to" guy for all marketers. Here's a thought...

As you mentioned, some of the content is bound to change quickly. New cases, judgments, and settlements will hit that create precedent - legal or otherwise. So, in addition to your book, create a membership site. Put it behind a fee wall. Make it easy to search for those who have specific legal problems.

Update your book annually, but keep the membership site alive with new stuff each week. Not just rulings and hearsay, but legal opinions posed by yourself and other attorneys familiar with the space. Folks with their ears to the ground.

Five years from now, this could be huge.
 
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Most interesting area for me is , SP/LLC and taxes but isn't that specific to where you live? How would that be summarized on a broad scale? Also, how about the loopholes of registering internationally such as Cayman Islands? lol
 
vinnythejinny said:
great, i would be more than happy to buy a hard copy/ebook version. am sure most of the WF members need this every now and then

A few suggestions for the book:

If possible include a section for international affiliates who could be sued in US, what are the possiblities of the lawsuits and how they can defend it being outside of USA
Click to expand...

Yep, an important angle, covered in Chapter VIII ;)

Insomniac said:
I discovered this service pretty recently: https://www.createspace.com/

The margins are reasonable imho, it stops people from torrenting a PDF, and it sure as hell looks more professional to see the product listed on amazon than some bs lander. Not to mention you can update it once every six months to a year with a new edition.
Click to expand...

Thanks Insomniac, this is exactly the kind of tool I need to stop an e-version from getting ripped off constantly +rep

Rock Star said:
I might suggest a quick reference guide within the book which would make finding a certain chapter or section easier if you know what I mean. Not like a table of contents but something like tabs sticking out the side of each section like you would find in a cook book if that makes any sense.

Look forward to buying this please let us know when it is ready
Click to expand...

Is this referring just to the paperback version? Its a little difficult to add on mass-produced books, but I'll see what I can do, I agree it would make "quick referencing" easier

Trademark said:
You're in a good position to become the authority in this space. The "go to" guy for all marketers. Here's a thought...

As you mentioned, some of the content is bound to change quickly. New cases, judgments, and settlements will hit that create precedent - legal or otherwise. So, in addition to your book, create a membership site. Put it behind a fee wall. Make it easy to search for those who have specific legal problems.

Update your book annually, but keep the membership site alive with new stuff each week. Not just rulings and hearsay, but legal opinions posed by yourself and other attorneys familiar with the space. Folks with their ears to the ground.

Five years from now, this could be huge.
Click to expand...

Yep, I've been thinking something exactly along these lines, to cut down on piracy, each copy would have a login/unique identifer where people could login to get the newest version, see updates, contact the authors directly , etc. Might use that "members only" area for future upsells or discounted legal consulting too. Thanks!
 
Sitepoint might be a good model to copy.

They release a few chapters to show quality.

Allow pdf and/or hardcopies (different price points - plus even if you do the hardcopy they charge a little more for pdf access as well).
 
looking forward to it Mont!

One thing I'd like to see is a chapter on basic advertising laws, translated into plain English, perhaps with some examples? I know the main rule in advertising is to be truthful, but I think a good breakdown would be useful.

EDIT: oh damn, fail on my part. I see you have this already in
IV. FTC and Internet Marketing
a.Basic FTC Rules that govern internet advertising.
 
bauss said:
Most interesting area for me is , SP/LLC and taxes but isn't that specific to where you live? How would that be summarized on a broad scale? Also, how about the loopholes of registering internationally such as Cayman Islands? lol
Click to expand...

Taxes is also a significant area of interest for me.

At a recent Meetup202, there was a representative from this group speaking about the "affiliate nexus tax". Performance Marketing Association| Legislation

A number of questions came up re: hosting internationally, incorporating a in different state, taxes on physical products vs. digital downloads / leads, etc.


Excellent outline / TOC. Look forward to reading.
 
mont7071 said:
Yep, I've been thinking something exactly along these lines, to cut down on piracy, each copy would have a login/unique identifer where people could login to get the newest version, see updates, contact the authors directly , etc. Might use that "members only" area for future upsells or discounted legal consulting too. Thanks!
Click to expand...

Regarding the members only area, test fee against "free forever for book buyers."

For example, say your book is $27. Charge $27/month for access to the members only area. Early book buyers (think launch) get free access for six months. After six months, they're booted unless they pay - maybe a lower price point ($17) for being launch customers.

Everyone else who comes to your site has a choice...

1. buy your book for $27
2. subscribe to your site (and maybe PDF newsletter?) for $27/month and get the book (and updates) free

Sounds like a no-brainer for folks to subscribe. But a lot of people won't. They'll be afraid you'll rebill 'em to death.

I'm not sure if you're doing this solely to make money, or to eventually become the authority for speaking gigs, print book contracts, Fortune 500 consulting, etc. So, I'm shooting in the dark.

But if money is the goal, a monthly fee may deliver more over the long run. Books lose momentum.
 
What about some help with recovering monies owed to you by non-paying networks? What are some legitimate strategies that may work (if there are any) to force a network to pay you when litigation is out of the question?

Also, what about our status as affiliates? Are we considered at-will employees or something entirely different? And if we are considered at-will, are we entitled to all the other exceptions that traditional at-will employees are afforded . . . implied-in-fact promises of employment, good faith and fair dealing etc.

As far as price is concerned, I'd price it at no less than $97 dollars for an e-book. At this price you could easily put it on CB or RAP if you wanted to.

With that being said, I definitely think this should be a membership site. You could offer the book content for a one-time fee, but then you could also offer the latest case law, and commentary related to that case law in a VIP area of the site for a monthly fee.
 
Awesome stuff in only 1 book.

I would like to see something more in the section VIII, mostly about offshore companies setup. From both an american citizen perspective and from an european one.
You should sell very well on amazon.
 
I was going to list things that i want including,

sample (and useable) website tos , privacy policies, ftc disclosures
sample media buying ios and what to look for (out clauses, etc)
sample local lead gen contracts
outsourcing contracts / IRS 1099 rules

but then i looked and you had most / all of this already.

I want this book like yesterday.

In terms of price point, you have a lot of value here and probably a lot of options in pricing. I like the idea of you using for lead generation with a low price point and maybe a combo members site / updates subscription. That way if you provide good updated content (which you would need for the next version anyway) you will continue to make residual income.
 
One last note about attaching a "for fee" members only site to your book...

If you're counting on the residual, make sure you build in a reasonable attrition rate. I'm ignorant about this space, so I have no insight regarding how many months someone will stick around. Also, the average duration will probably change with the price point (though it's impossible to tell whether it will lengthen or shorten with the price).
 
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