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Ellasauras Products Enterprises was designed to make merchandisefor Ellasaurus.

A dinosaur that was four years old from a children’s seriesthat Ellen Carson had written. EPE decided to design a website formerchandising their products. Like Hello Kitty, they wanted a site designed forentertainment specifically for kids where they could chat in chat rooms andplay games also where they could build royalty for their brand. The book Ellenwrote has images that do not belong to her which are considered copyrighted, aswell as storylines, themes, and other materials that she doesn’t own rights to.She is going to have to find out what the agreements are as well as licensingbefore publishing her work online.

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To be able to use the images on her website,she has to make sure everything is owned by her and not the publisher. Companies can also profit and steal information that is put onlineand has been an issue for a while now. There are a lot of articles onlinetalking about all the work from independent artists that has been stolen andused for other purposes and that has been incorporated into another companiesdesigns and sold off without ever being prosecuted for it. The reason being isthat it is very difficult to prosecute someone for copyright because of thehigh starting costs alone.A good way that Ellen could keep her property from being stolenand protected, would be to find a way to prevent her illustrations from anyonecopying them in the first place. She could put a transparent image over heroriginal one that way when someone clicks on the image it can’t be copied,unless of course it was screen printed which may discouraging for some people.There is also software such as Digimark that can be used toprotect her images. It offers a mechanism that protects property by usingwatermark.

Since she also plans to include games on her website, Ellen can getthem protected with writings in an agreement that has to be checked and readbefore even anyone can have access to the game from the start, these peoplewould be considered registered users. To prevent the use of being able to copyher software, there can be specific outlined terms in the agreement stated.Also, because the website is created for kids, there are ethical issues thathave to be addressed. Toy industries have advertised for a long time and havemislead kids with advertising in my opinion anyway. Children does not reallyhave the ability to know the difference between fantasy and reality in mediaonline, video games, and commercials that they are subjected to. There was astudy from the American Psychological Association that stated children to notcomprehend the notion of commercials that are eight years old and younger. Sincethe audience being targeted are kids, Ellen needs to use content that isappropriate on the website. They need to convey messages that are appropriatefor children, and  kid friendly as wellas the games on the website.

Kids are not able to enter into a contract andbecause children will be the ones entering into the website, there has to be arestriction where an adult gives their child permission to enter the site andsigns up for them. Considering the fact the they are too young to understandany privacy statements. There are also plenty of issues when it comes to chatrooms as well. It is virtually impossible to know who is chatting in the chatrooms and who is registered. In this case there needs to be softwareimplemented  to protect kids frompredators.

There is software available out there that can compare the users toa database and delete the accounts of any sex offender users. There are alsolaws that need to be followed and complied with that protect kids who are goingonline.  This act is called COPPA whichstands for Children’s Online Privacy Protection Act. It provides datarestrictions from sites that are directed towards children.

There is also asite called Truste.com as well, it offers services for privacy protection if youuse their services they also provide you with a seal of approval to put on yourwebsite. They have a seal that is specifically for children under the age ofthirteen. Any website that is trying to collect data from someone who is underthat age has to comply with Children Online Privacy Act. This information isspecific and has to be put into a privacy policy which then seeks content froman adult to protect children online in safety and privacy. This law COPPAcovers information such as email address, home address, first and last name,phone number, and any personal information that identifies the child. Otherinformation is also covered such as interests, hobbies, and any informationthat can be collected in tracking mechanisms or through cookies. There is alsoa privacy notice and Direct Notice to Parents included.

The privacy notice hasto be put on the main page in every area where information collected ispersonal. it also has to be written clearly as well. The direct notice toparents is needed from the parent for information collection. Included in itshould be a notice that states public disclosures and uses that are internal aswell as exceptions for third party. Also, any changes made in the policy has tobe to consented by an adult or parent of the child. Also, it would be a goodidea to draft a privacy policy through a legal service and maintain compliancethroughout the website with Children’s Online Privacy Protection Act. (COPPA) Sincethe website plans to sell throughout all of the U.S.

there will be taxliability exposure. The law for websites that are ecommerce must collect salestax on items that are shipped out to different states that have any physicalpresence. Online retailers currently are not required to collect any salestaxes from states where goods are shipped to, there is an act that has recentlypassed where everyone will need to eventually comply with this law. This act iscalled The Marketplace Fairness Act and requires states to simplify sales taxlaws to make multistate tax collection easier. States can join either thetwenty four states that are voluntarily adopted already the simple measures ofstreamlined sales and use tax agreement, or they can meet five mandates thatare required by the law.

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