Taking Care of Business at BlogHer '08: Blog Law and Incorporation Resources

If you were at the BlogHer '08 session Taking Care of Business and are looking for additional resources, or if you weren't able to be there and want the resources, here they are. We had a lot of great questions on defamation, trademark protection, fair use, incorporation and more. If you have more questions, feel free to ask away.

Be sure to also check out the resources from Kelly Phillips Erb from TaxGirl and Sabrina Parsons from MommyCEO and CEO of Palo Alto Software. Some live blogging from the event: from the BlogHer website, Alexis Neely from the Interpid Mompreneur, and Dr Beth Snow from Miss 604. A copy of our presentation is here in .pdf too.

------------------------------------------------------------------

Below is a list of resources around the web related to blog law and incorporation. Another thing I am hoping people find helpful, due to all the collaborative blogging we see happening, is my Co-Bloggers Worksheet. This won't give you the answers (maybe more questions!), but will give you issues to talk through with your fellow co-bloggers.   

Electronic Frontier Foundation (EFF)
•    Use this site to understand the current legal battles involving digital rights
•    “EFF is the leading civil liberties group defending your rights in the digital world.”
•    Legal guide for bloggers available

Creative Commons
•    Use this site to attach a license to your content, with conditions
•    ‘Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved."’
•    Choose from 6 different licenses
•    Case studies available

Podcasting (audio and video blogging):
•    Creative Commons podcasting legal guide

Chilling Effects Clearinghouse
•    Use this site to understand the protections of the 1st Amendment and intellectual property laws.
•    ‘Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.’
•    Topic areas: copyright and DMCA, fan fiction, anonymity, linking, patents, protest/parody/criticism, trade secret and trademark
•    Searchable database of cease and desist notices available

Citizen Media Law Project
•    Use this site to learn about legal issues related to being a “citizen media creator” (AKA: citizen journalist)
•    “The mission of the CMLP is to provide education, legal training, and resources for individuals and organizations involved in citizen media. We also provide research and advocacy on free speech, newsgathering, intellectual property, and other legal issues related to online speech.”
•    Legal guide for creators of “citizen media”
•    Includes legal formation information by state

Trademarks:
•    The test for trademark infringement is “likelihood of confusion”
•    You can do preliminary searches for trademarks at Unites States Parent & Trademark Office website

Copyright and Fair Use:
•    There is no general rule (word count, etc.) for fair use. It is up to a judge to determine, using 4 factors: 1) the purpose and character of your use, 2) the nature of the copyrighted work, 3) the amount and substantiality of the portion taken, and 4) the effect of the use upon the potential market.
•    Stanford Copyright & Fair Use

Incorporation:
•    Visit your state’s Secretary of State website (here is California's)
•    Citizen Media Law Project: part of CMLP’s Legal Guide discusses choosing a business form
•    Self-help with incorporation:  check out Nolo press and Palo Alto Software
•    Incorporation services (with no legal advice): a couple of options are The Company Corporation and  Legal Zoom
•    Consult an attorney (and an accountant!) in your jurisdiction to help you with your specific needs

Co-Blogging:
•    Eric Goldman from Technology & Marketing Law Blog – article on co-blogging “No Safety in Numbers”
•    Ideoblog’s post on “Group Blog Agreements”

Disclaimer: The law can change quickly, so these resources may be out of date. Use of this information does not establish an attorney-client relationship between yourself and Linsey Krolik. Use these resources to get you started and consult a lawyer in your jurisdiction for legal advice.