Robert - i moved this discussion into the "Manage" space to help get better visibility by the community managers who frequent Clearstep. In this section of the community will find links to some example terms and conditions that might help: http://www.jivesoftware.com/clearstep/docs/DOC-1031
Your legal team's issues are common in health care, financial, and other industries where information (aka advice) is regulated. We've had discussions on this topic with the community manager at WebMD in our roundtable and with legal teams at AARP when we launched a health community pilot a couple of years ago. There are several steps that you should run by your legal team:
- All users who register must agree to the terms of service which have a specific clause along the lines of "this community does not provide medical advice but merely opinion regarding health issues, for medical advice you should contact your physician." A second clause that your lawyers probably are familiar with is the 'hold harmless' clause which shields your organization and the community from liability and negligence. The users must check the 'I agree" box to demonstrate that they actually took the time to think about agreeing with the terms of service. That's another protection.
- Copyright issues are tougher, but very managable. If you know that the content is copyrighted as your example shows, the moderators should remove it. While you may file a safe harbor statement under the DMCA and wait for a takedown notice, we advise our clients to be a bit more proactive in this area. You have members who will report this violation as well. In general, a strong moderation defense is better than relying upon an untested act (just ask Bolt.com's former executives or your friendly neighborhood Viacom attorney).