E-Commerce
Intellectual Property and Technology | InternetWe advise on e-commerce legal requirements including online contracting, consumer protection, payment processing, and marketplace operations.
Overview
Legal Counsel for Online Commerce
E-commerce involves distinctive legal requirements different from traditional retail. Our E-Commerce practice helps online businesses structure compliant operations while achieving commercial objectives.
Online Contracting
Electronic contracts must be properly formed to be enforceable. We advise on browse-wrap, click-wrap, and sign-in-wrap agreements. We structure checkout flows creating enforceable contracts while minimizing customer friction. We ensure arbitration clauses and class action waivers are properly implemented.
Consumer Protection
E-commerce faces extensive consumer protection requirements. We advise on pricing disclosures, advertising substantiation, return policies, and fulfillment obligations. We help businesses comply with FTC requirements and state consumer protection laws avoiding deceptive practice claims.
Payment Processing
Payment arrangements involve legal and regulatory complexity. We negotiate payment processing agreements, advise on PCI DSS compliance, and address chargeback and fraud issues. We structure compliant payment flows protecting both merchants and consumers.
Marketplace Operations
Online marketplaces face unique liability and regulatory issues. We advise on marketplace liability under various theories, seller agreement terms, product safety responsibilities, and intellectual property compliance. We help platforms balance growth objectives with risk management.
Cross-Border Commerce
International e-commerce creates additional obligations. We advise on customs requirements, export controls, VAT and sales tax compliance, and country-specific regulations. We help e-commerce businesses expand internationally while managing compliance risk.
Privacy and Data
E-commerce involves extensive data collection subject to privacy laws. We advise on privacy policy requirements, data collection practices, and compliance with CCPA, GDPR, and other privacy frameworks. We help businesses use customer data effectively while meeting legal requirements.
Our Services
internet
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
privacy_data_security
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Enforceability depends on how terms are presented. Click-wrap requiring active acceptance is most reliable. Browse-wrap with mere notice faces scrutiny. We structure terms for maximum enforceability.
Requirements include pricing, shipping costs, return policies, and material terms before purchase. Specific requirements depend on products, location, and advertising claims.
After South Dakota v. Wayfair, most states require collection from remote sellers exceeding thresholds. We help implement compliant tax collection programs.
Marketplace liability continues evolving. Platform design, seller vetting, and terms affect risk. We help structure operations managing liability.
Consider export controls, customs requirements, VAT obligations, and country-specific consumer protection laws. Not all products can be sold everywhere.
CCPA, GDPR (if reaching EU consumers), state laws, and potentially industry-specific requirements. Privacy policies must accurately describe practices.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
