It wasn't that long ago that the first big companies were wondering if they needed their own website. Today, many private individuals can hardly imagine life without their own website.
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1 Create your own homepage: The content...
2 Create your own homepage: The design
3 Create your own homepage: The links
4 Create your own homepage: The disclaimer
5 Create your own homepage: The imprint
6 create your own homepage: guest book and forum
7 Create your own homepage: a quick check!
8 Adeba Forum
Anyone who does not want to do without their website usually does so in order to present themselves through design and content and to communicate with others. What is sometimes forgotten is that there are also rules for private websites. So if you want to avoid legal difficulties, according to experts, you should also take care of the legal basics in addition to the design and content.
Create your own homepage: The content...
...or the content. The first and most important question – at least from a legal point of view – is: legal or illegal? It definitely doesn't matter! The Internet is full of images, videos, audio files and text. It is very easy to copy and embed them on your own website.
Many are therefore not even aware that this is someone else's intellectual property in which others have invested a lot of time, effort, creativity and money. However, copyright protection actually begins the moment a text is written, a melody is composed or a picture is painted.
It is not necessary to register a work in a public register or to put a copyright notice on it. According to experts, however, the content must have been created by human activity and must not only reflect everyday events. Articles, lyrics and photos are therefore regularly protected works; but also link collections and other databases are mostly protected and may not simply be taken over.
In contrast, judgments, laws and other official publications are not protected unless they have been edited. The same applies to a press release that is intended to be passed on. Here you can help yourself without hesitation.
Create your own homepage: The design
Your own website should be beautiful. No problem if you're not actually a great artist: there are enough great suggestions on the World Wide Web. But be careful:
The layout, buttons or graphics of another website can also be protected if it is not the same as that of countless other websites. If you really like an eye-catching, particularly great design, you shouldn't completely adopt the style elements without asking.
Create your own homepage: The links
Links are used to connect to other websites and their content. It is only through the linking that a network is created. According to ARAG experts, links on your own website are generally legal. Of course, linking to illegal websites and downloads is punishable. The information, data or images that you provide on your own homepage are considered by the legislature to be content that you adopt as your own.
This also applies if the site is linked to others. You also have to take responsibility for the information made accessible through the link. Links should therefore always be programmed in such a way that a new window opens automatically – in an emergency, the court will usually see this as clearly leaving a page. Otherwise, in the opinion of some courts, one adopts this content as one's own, violates copyright protection or is liable for the content.
Create your own homepage: The disclaimer
For fear of being held liable for links that have been set, there is a reference to a judgment by the Hamburg Regional Court with the file number 312 O 85/98 on numerous websites. Referring to this, it is claimed that one must distance oneself from all links in order not to be liable for them.
Simply distancing yourself from the linked pages is not only paradoxical, but also legally controversial. After all, it seems contradictory at first when you recommend a page and at the same time distance yourself from it. According to experts, this method is legally controversial because it could link any obviously criminal site with impunity.
Create your own homepage: The imprint
It is advisable for all operators of a website to create an imprint. The Teleservices Act (§6 TDG) only says that every business-related side must provide certain information. However, the term "businesslike" is not clearly defined. It is clear that this includes company or other commercially used sites.
Since there is also talk of sustainably designed pages, every website actually falls under this category. An imprint must contain an adult responsible person and a contact address. Only one responsible person may be named to ensure clarity in the event of a dispute. The imprint must also be directly accessible. This is confirmed by a decision by Munich's Higher Regional Court (Az.: 29 U 4564/03). Therefore, you should always use common designations such as imprint, contact or provider ID. A range of other information must also be provided for commercial websites (see info box).
Create your own homepage: guest book and forum
Most private sites also have a guest book where users can contact the operator. In terms of the imprint obligation, however, a guest book is not sufficient as a contact option. An e-mail must be provided for this, or a contact form must be provided. A forum allows for discussions. Current or general topics are dealt with there. It offers users the opportunity to get in touch with each other. Experts advise anyone who offers one of these features to maintain it regularly.
The courts consider a weekly review to be sufficient for private websites. If another person is insulted in an entry or if a guest posts a link to an illegal page in the guest book or forum, this entry must be deleted as soon as possible.
Create your own homepage: a quick check!
If you want to use third-party content, you cannot claim that there was no express reference to existing property rights. Therefore: It is better to ask questions before simply adopting third-party content.
The layout, buttons or graphics of another website can also be protected. That's why you shouldn't completely adopt the style elements without asking.
Program your links to automatically open a new window. As a rule, this is interpreted by the court as a clearly evident departure from their side. Otherwise you may adopt this content as your own and be liable for the content.
Create an imprint with the adult responsible person and the contact address. Use common terms such as imprint, contact or provider ID.
Review listings for content, links, and appropriateness. If another person is offended in an entry or if a guest puts a link to an illegal page in your guest book or forum, then delete this entry.
Additionally required for commercial pages in the imprint:
An authorized representative
The VAT number
Register and registration number
Regulatory authority + contact address
The general terms and conditions (printable)
Article from 2010 🙂 - Generally valid but remember, the law changes.
Update 2021:
It's better than before that there are now legal images and music that can be used freely. Open source, CC:
We use a lot: Pixabay and also have our own channel there where we make our most beautiful photos available to everyone free of charge.
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