3. What We’ll Cover
1. Freedom of speech
1. Copyright
3. Fair use
4. Trademarks
5
4. What We’ll Cover
5. Libel, slander & defamation
6. Online marketing law
7. SLAPPs
8. Resources
6
5. 2 things to remember:
• Think twice before you hit publish!
• Laws are struggling to keep up with
changes in technology and media
7
6. Legal quiz #1:
If your blog gets caught violating the law —
whether it’s copyright infringement, libel, or a
misleading, overpromising marketing claim,
who’s legally liable?
A) You
B) Your Internet service provider
C) It depends on which state in which
you’ve published
8
10. Freedom of speech
• It’s a misnomer:
No, you can’t really say anything you
damn please on your blog.
• WordPress is so easy to use=its riskiness
• Students and marketers, beware.
12
14. Who’s been called out on
copyright issues?
• MSN bloggers & producers
• Mike Hipple, a very nice Seattle photographer
• Cheezburger Network
• The TODAY Show
• The Seattle Weekly (just yesterday!)
• Roni Loren, Blogher.com (700 posts revised!)
16
18. WordPress & copyright
I agree: “…to not infringe the proprietary
rights, including but not limited to the
copyright, patent, trademark or trade secret
rights, of any third party.”
http://en.wordpress.com/tos/
20
19. Unique photos & attributions
• Using unique photos—and giving proper
credit to photographers—is good for SEO.
• One of Google’s SEO ranking factors is ALT
text. (describe photo + give credit to
photographer)
• http://www.w3schools.com/tags/att_img_alt.asp
21
20. Play nice & remember this guy
Photo of CJ Gunther by Matt Campbell
22
21. Copyright: The good news
• You own the copyright to your blog,
just by having created it.
• Exception: If you’re blogging for a
company.
23
23. Got awesome blog content?
Protect it.
http://www.copyright.gov
25
24. What’s public domain?
It refers to material that can be freely used
based on the date of creation and/or its
creator’s year of death
Disney lobbied to change copyright law to
keep Mickey Mouse out of the public
domain.
26
27. Fair use
Refers to how much of someone’s
copyrighted work you can reproduce without
paying its creator, or first getting written
permission.
It’s usually ok to briefly quote part of
someone else’s writing with attribution
29
29. Be extra careful with:
• Songs & song lyrics
• Recipes (with trademarked ingredients)
• Works of art
• Photos
• Don’t go there: Anything related to
Disney or Gershwin
31
30. Legal quiz #2
What’s probably the fastest way for
a blogger to get into a legal mess?
32
31. Answer:
Music.
Even background music in videos is subject
to takedown notices.
It’s safest to get (& pay for) permission to
use a song via ASCAP or BMI, or create
your own music
33
33. Trademarks: Respect the ®
• If a product or company name is
trademarked, it’s been filed with the U.S.
Trademark Office.
• It can take years for a company or product to
earn registered trademark status. Respect it.
• Give credit to any product names or taglines,
etc. that are marked with ™ or ®. Licensing
fees may apply, too.
35
35. LSD
• A statement isn’t libelous if it’s true—but
you need to be able to prove the truth.
• Laws pertaining to LSD vary by country.
And laws that pertain to your blog are
determined by the country it’s read in, not
the one it’s created or published in.
37
41. Thinking about the future
As software gets smarter, it’ll be even easier
for companies and copyright owners to track
down copyright violations and send cease &
desist warnings.
43
42. Need Legal Help?
1) Nolo Press: http://www.nolo.com
2) Online Media Legal Network:
https://www.omln.org
3) Locally: FocalLaw.com
44
44. Resources 1 of 5
• ASCAP (American Society of Composers, Authors and Publishers), for obtaining
online reproduction rights to many songs :
http://www.ascap.com
&
http://www.ascap.com/~/media/files/pdf/licensing/general/brochures/ascap_keeps_yo
u_in_tune_with_the_copyright_law.pdf
• Copyright terms: https://copyright.cornell.edu/resources/publicdomain.cfm
• Cornell Legal Library: www.law.cornell.edu/
+ legal encyclopedia: http://www.law.cornell.edu/wex
• Defamation: http://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-
29718.html
• Digital Media Law Project: http://www.dmlp.org
46
45. Resources 2/5
• Digital Millennium Copyright Act: http://www.ala.org/advocacy/copyright/dmca
• Doocing: http://corporate.findlaw.com/intellectual-property/dooces-wild-how-
employers-can-survive-the-new-technological.html
https://digital.law.washington.edu/dspace-
law/bitstream/handle/1773.1/190/82washlrev121.pdf?sequence=1
• Electronic Freedom Foundation on intellectual
property:https://www.eff.org/issues/bloggers/legal/liability/IP
• Fair use:
http://fairuse.stanford.edu/overview/fair-use/cases/
• General legal issues for
bloggers:http://weblogs.about.com/od/bloggingethics/tp/Legal-Issues-Bloggers-Must-
Understand.htm
47
48. OMG more resources 5/5
• Disney/Sonny Bono copyright/public domain extensions:
http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
• & the case where a local firm took on Disney:
http://www.printmag.com/interviews/modern-dog-copyright-and-the-burden-
of-proof/
• Plagiarism prevention:
http://mashable.com/2012/08/29/plagiarism-online-services/
50
Aeron
--And I don’t use exclamation points liberally—each writer gets two a year!
--Publishing is forever!
--Karma is a bitch!
--The Wayback Machine and many web analytics tools can show what was published, even if just for a minute.
--Supreme Court case this week: video streaming
--You may think you don’t need to worry about this stuff—but you should, especially if your goal is to get big and gain a lot of traffic.
--If any of these terms are intimidating, take that as your instincts kicking in.
--When in doubt, get legal advice
--Nordstrom ran every single blog post (and website update) through their in-house legal team before publishing.
Not every company can afford to do this—startups especially—which is all the more reason to be careful and know what you’re potentially getting into, legally.
--**International laws!! Your blog is subject to the laws of the country in which it’s read, not created. 8-0
--ISPs got smart & demanded that they no longer be liable (2008)
This is (partly!) why lawyers are paid so much.
Also: It’s illegal to tape record or video record people without permission in some states, FYI for anyone interviewing.
If you want to cure insomnia, check out Nolo.com’s page on copyright
--This photo source is one of the open source options I list in the references & resources.
Also see: Libel
--It’s a Constitutional right—First Amendment—but has its limits
--Not even going to cover obscenity law…sorry!
--LSD, and obscenity law of course are parts of FoS that are limited.
--As awesome as the constitution is, the First Amendment is one of the most problematic amendments…
(did you know you can watch porn in SPL? Legally?)
(Just this week, the Supreme Court ruled a video-streaming company was illegal & it’s getting shut down.)
http://www.npr.org/blogs/thetwo-way/2014/06/25/325488386/tech-firm-aereo-performs-an-illegal-service-supreme-court-says
--Students are NOT fully protected by Freedom of Speech, but often aren’t aware they’re not. This used to pertain only to where printed publications were distributed, but with the rise of
electronic distribution, schools are cracking down.
DETAILS:
Hazelwood vs Kuhlmeier, a case of the school paper printing stories about teen pregnancy & divorce. Student publications are seen as educational activities, not public forums, and are therefore subject to stricter limitations on freedom of speech
http://en.wikipedia.org/wiki/Hazelwood_School_District_v._Kuhlmeier
Spurred by Vietnam: Tinker v. Des Moines Indept. Sch. Dist., 393 U.S. 503, 506 (1969). School upset about anti-Vietnam demonstration on campus. If a publication “disrupts school discipline,” the students’ freedom of speech rights can be restricted.
Lewd communications were restricted in 1986: Bethel Sch. Dist. v. Fraser, 478 U.S. 675, 683-86 (1986), right near us in Pierce County, WA.
http://en.wikipedia.org/wiki/Bethel_School_District_v._Fraser
http://aclj.org/education/student-free-speech-rights
--Employees of various companies may not be allowed to blog on their own time, either—depends on your contract.
--This limitation on students includes college students! **Rights depends on where the publication is distributed **Even if there’s no libel involved. Rapes, college administration issues, etc. are especially prone to censorship.
When it comes to copyright, don’t be oblivious.
--Copyright law: This is where intellectual property lawyers get involved.
--Copyright is confusing!! http://www.nolo.com/legal-encyclopedia/copyright-basics-faq-29079-4.html
If you have insomnia:
All works published in the United States before 1923 are in the public domain -- that is, not protected by copyright law.
Works published after 1922 but before 1978 are protected for 95 years from the date of publication. But if the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.
If the author died over 70 years ago and the work was never published, copyright terminated on December 31, 2002. If the author died over 70 years ago, and a previously unpublished work was published before December 31, 2002, the copyright will last until December 31, 2047.
--How to copyright your own work?
Publication date is important
--register with the copyright office, but expect a wait!
--You can contact ASCAP, one of the major music licensing houses, to purchase rights to a song.
--Just a few examples!!
--MSN: Freelance bloggers fired! Fashion Week coverageSteven Meisel photo used without permission or credit PLUS an uncomplimentary quotation about is latest collection
--MSN: Fired a freelance writer for “accidentally recycling” copy from Esquire (plagiarism)
--TODAY Show: Interviewing people at Starbucks, with background music running. Videos pulled from distribution.
--Harrod’s: April Fool’s joke that fooled the Wall Street Journal into thinking a stock price crisis was imminent
--Roni Loren: Using photos without permission (see Resources for URL). Updated 700 blog posts!!
--Cheezburger: Getting cease and desist letters from Matt Damon’s agent
**Seattle Weekly “borrowed” a photo yesterday and Capitol Hill blog called them on it
*=over 40 words
If you’ve cropped out a watermark, you’ve ripped off someone.
Getty Images: Going warning letters are asking for $8.000 or more for image use violations.
Mike Hippel: $60,000
Just bc your blog is little, don’t think like a small-potatoes operation. Act like your blog has 20,000 followers (because that’s where you’d like to be someday, right?)
Just because everyone else seems to be “borrowing” photos and image doesn’t mean you should.
This is also true for attributions for stock photos.
**invisible watermarks
This is CJ Gunther, a professional photographer, shooting the Vancouver Olympics.
Note he’s far from home freezing his ass off, and carrying a camera that weighs more than a small child.
If you’ve ever cropped out a watermark, remember this: there are invisible watermarks. He works for the European Press Agency, and also runs a photography business on the side.
If you copy photos on the Internet, you’re ripping off nice people like CJ, and doing a disservice to all web content creators.
Also—karma is a bitch. Think about that before you “borrow” a photo or crop out a watermark.
*: If you created it for your company, they own the rights.
Especially for awesome photos
Especially for an extra-awesome post (esp. if you want to turn it into a book)
**Make a recurring appointment on your phone to update it every Dec. 31. !!
**cheap, but the wait is about 9 months
https://wordpress.org/plugins/dmrightscom-content-copyright-protection/
https://wordpress.org/plugins/digiproveblog/faq/
-- Copyrights aren’t always labeled, but that doesn’t mean something is in the public domain!
The estate of Sonny Bono, Cher’s ex-husband, was also involved in this
NEED A PH.D. to keep track of this craziness. Confusing as hell.
DON”T DARE use any images of Disney
--Think of it as the opposite of copyrigth
*Fair use: A legally squidgy area, so watch it.
40 words of a novel or book, or less than that for an article
it’s taken on a case-by-case basis, depending on the length of the work, and is subject to legal interpretation, so watch it.
http://fairuse.stanford.edu/overview/fair-use/cases/
In doubt? Don’t use it or contact a lawyer
Actually a wicked interesting site…
JD Salinger, Harry Potter, Prince…interesting & good stuff here
Not as bad as it sounds…
(Hooray Washington state for having legislated protections for you!)
May be incurred by bloggers who raise the ire of developers, politicians, etc.
Example: Blogging about Ballard’s out of control housing construction could raise the ire of the construction company, who could file a suit claiming slander or libel…
Criticizing a politician could also get you
Invisible watermarks
Photo- and face-recognition software advances
http://fairuse.stanford.edu/overview/fair-use/cases/
More fair use:
http://www.blogher.com/bloggers-beware-you-can-get-sued-using-photos-your-blog-my-story
--Marketing claims must be substantiated!
--Push marketing (e.g.: emails or newsletters that you send to customers or people who’ve requested them) are covered more strictly than pull marketing (ads that people merely stumble across, such as an online ad). Be careful of email subject lines to not overpromise!
--ASCAP is supporting the Songwriter Equity Act: http://www.ascap.com/playback/2014/05/wcm-blog/shannon-hurley-pandora-sea.aspx
--Contests are now on the Federal Trade Commission’s radar due to the proliferation of Internet (esp. Facebook!) contests.
--Recording phone conversations can be important---it seems to be a trick among (insecure) celebrities.
If a source asks you to run your article or post by them before publication, and they don’t like one or more direct quotes, and you say that you have the conversation tape recorded (without permission), they can renege and demand that you not publish the piece.
These are also pretty affordable!
More on Getty Images’ take-down notices: http://www.avvo.com/legal-answers/cease-and-desist-letter-received-from-getty-images-5053.html