Whereas

Weekly Whereas: Lawsuits against bloggers, net censorship struck down, and (my shoes)

This week, I have catching up with my clients after BlogHer and moving into and then out of my new office. Definitely fodder for a post about work-life balance and practicing law virtually...soon. For now, some interesting happenings this week:

• One of the questions I got a few times at BlogHer last week was "Do bloggers really get sued? I mean, really?" Well...yes. And ABC News has a story this week stating that lawsuits against bloggers may be on the rise. I certainly hope that we don't see a chilling effect on bloggers' speech, but I do hope that we can all help educate bloggers about what risks are out there and what they can do to minimize them. There are some great resources out there - use them!
• Net censorship is struck down again as unconstitutional. As part of their argument, the ACLU argued that bloggers who have Google or Yahoo ads and who write about mature subjects would be affected by this law, the Child Online Protection Act (COPA). See also EFF's view and the word straight from the ACLU. Will this be headed to the US Supreme Court? Watch and see...
• Oh, and my shoes are on Flickr.

Weekly Whereas: A model blog operating agreement for an LLC and a new virtual law firm

This week, directly in line with my session at BlogHer '08 and some of the discussion about co-blogging, there is another great resource for co-bloggers (all of you that are coming up with great collaborative ideas at BlogHer'08 - this means you!):

• Citizen Media Law Project (one of the great blog law resources I listed in my BlogHer session notes) discusses co-blogging and a model blog operating agreement for an LLC (limited liability company). The agreement itself can be found here on Concurring Opinions. This is a very simple agreement and is based on forming a "virtual company," which I referenced in last week's Weekly Whereas. (Note that I am not endorsing the agreement, but do provide it as a reference for anyone who is interested in which this could look like.)

And then some work-life balance stuff for lawyers (we all hope):

• Craig Johnson, former head of Venture Law Group (I met him when I was in law school at their height of the dot com boom), has started a new "virtual law firm" called (predictably) Virtual Law Partners, LLP. I have worked on my own virtually (without an office...although I think I will be securing a small space next week, a big change for me...more on that later) for over 4 years now, along with many others. But to see a firm do this will be interesting. I like the idea of having a built-in network for learning, which I do sometime miss being on my own. At the same time, I want control of my business, so find working solo to be best from that perspective. I love the work-life balance that VLP is aiming for here - I hope to see this trend continue. Especially for women lawyers this is really key. See Darling Hill's write up about VLP here.

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.

Getting ready to take care of business

I am here at BlogHer and my session is set to start at 10:30am today. My voice is on it's way out, but hopefully it will last a bit longer!

In the session I will be covering some substantive law related to blogs (including defamation and intellectual property), how to limit your liability (via incorporation, agreements and terms of use), and issues related to co-blogging.

Handouts and links to podcasts and posts about the session will be available here following the session.

Hope to see you there.

A Video Interview About Legal Issues for Bloggers: My Upcoming Session at BlogHer '08

Randy Ksar, a running friend from Team in Training years ago and now a social media marketing expert, interviewed me the other day about my upcoming session at BlogHer and some of the main legal issues bloggers face. Thanks Randy!

Weekly Whereas: Virtual Company Incorporation, A New Book About Work-Life Balance for Lawyers, Warantless Wiretapping and My New iPhone

A few interesting things this week:

• Incorporation for virtual companies in Vermont? I'm not familiar with Vermont law. But I think it is very interesting to see a state marketing itself to those who get together for business without (ever?) meeting each other in person.

• A new book by fellow Silicon Valley Moms Group blogger Julie Tower-Pierce is going to be available soon from the American Bar Association (and Amazon, etc.):  "Staying at Home, Staying in the Law: A Guide to Remaining Active in the Legal Profession While Pursuing Your Dreams." And, hey, apparently, I am quoted in it! I am hoping to get my hands on a review copy soon. 

• The EFF is continuing to fight against warantless wiretapping

• I'm totally getting a 3G iPhone today. Will it have to be white?

My Top 10 Blog Law FAQs

In preparation for BlogHer next week, I've been thinking about the main types of issues I see my blogging clients dealing with. Here are my top. Anyone have others to add?

1. I consider myself a "citizen journalist." How do I avoid being sued for defamation? What is defamation anyway?

2. What is "fair use" of copyrighted material? What is plagiarism? 

3. How can I protect my content from being "splogged"?

4. I have been asked to distribute my content on another site / accept advertising / enter into another business agreement - how do I protect myself and my content for the future?

5. Should I trademark my blog name?

6. Akk! I received a cease and desist letter (for trademark or copyright infringement). What should I do?

7. Can I write about my neighbors and friends without violating their privacy rights?

8. Should I incorporate my blog as a business?

9. What types of legal language / disclaimers / terms of use should I have on my blog?

10. I'm starting (or have started) a blog with other bloggers. What issues do we need to be aware of, think through and document?

Although many of these are specific to bloggers' particular situations, I'm hoping I can address some (or all!) of these questions at the BlogHer session I am a part of next week - Taking Care of Business.  Hope to see you there! Although...I hear it is sold out at this point...