Murky Waters of Privacy & Copyright: A Field Guide for Small‑Business Website Owners

By Tracy Work

Because the internet never sleeps—and neither do the people who send demand letters.

1. The “Tuesday‑at‑4 p.m.” Problem

You’re juggling inventory, payroll, and next month’s promo when an email stamped URGENT lands in your inbox. A stock‑image agency claims the hero photo on your homepage is unlicensed, and a cranky customer threatens to sue because your contact form might have leaked their data. Whether the claims stick hardly matters—you’ve just lost half a day (and probably a night’s sleep).

The culprits? Two deceptively simple words: privacy and copyright.

 2. Why Websites Can Be Legal Booby‑Traps

3. Privacy Pitfalls (and How to Dodge Them)

4. Copyright Conundrums

4.1 “Google Images” Is Not a Licensing Strategy

Copyright attaches the moment a photo is snapped. Reposting without permission can trigger five‑ and six‑figure statutory damages—no proof of harm required. Subscribing to a stock service is cheaper than litigating; keep the receipt.

4.2 Developer Deliverables & the “Work‑for‑Hire” Mirage

Unless your contract expressly assigns copyright, the coder or designer probably owns the theme, graphics, and custom plug‑ins—meaning you may need fresh permission to tweak or migrate the site later. Fix with a written IP‑assignment clause.

4.3 User‑Generated Content (UGC)

If customers can post reviews or photos, you’re a publisher. The DMCA safe harbor shields you only if you 1) register an agent, 2) post takedown procedures, and 3) remove infringing material promptly.

5. Get the Right People on the Job

  • Developer Vetting: Ask for live portfolio links, proof of stock‑image licenses, accessibility chops, and privacy‑law know‑how.

  • Written Agreements (Always): Include IP assignment, third‑party‑claim indemnity, data‑security standards, and maintenance duties.

  • Legal “Well‑Baby” Check‑ups: A short annual audit costs less than one cease‑and‑desist skirmish.

  • Quarterly Security & Content Audits: Automated vulnerability scans and image‑license sweeps are plug‑and‑play.

6. Parting Wisdom

Running a small business already feels like hurdling flaming chainsaws. Handing your online presence to “my nephew who’s good with computers” adds kerosene. Invest in seasoned pros—developers who document, security folks who encrypt, lawyers who nitpick.

So when that Tuesday‑at‑4 p.m. email arrives, you can reply: “Thanks for reaching out—my team will handle this.”

This article is for educational purposes and does not constitute legal advice. When in doubt, call your lawyer—preferably before the cease‑and‑desist letter, not after.