Whereas

BlogHer'09 and legal issues with blogging...and a cool tool for copyright fair use evaluations

Tomorrow I am headed to Chicago for the BlogHer'09 Conference. I am very excited to meet up with fellow bloggers, see what some of my blog/internet/media clients are up to and generally enjoy some interesting sessions (and some parties too!).

I spoke at BlogHer last year on legal issues with blogging (in the Taking Care of Business session, I believe it was called), so thought I would repost my materials and guides for anyone that is interested. Check them all out here.

I think some of the interesting sessions from a legal perspective this year will be on the new FTC regulations regarding blogging and product reviews. I have written a bit about this and have been watching it closely.

In other news, I think this tool from Stanford University's Copyright & Fair Use is very useful in evaluating when a use is fair. As I've said before, it is not a simple test, so I think that tools like this can really provide some much needed air.

Weekly Whereas: Kindle, Kiwis and Simplifying Contractual Processes

• Is a Kindle 2 wireless reading device in your future? I used to think I would always want the feel of print books and magazines. Well, I use my iPhone for a lot of reading these days (mainly RSS feeds) and I've gone almost completely paperless in my law practice, so maybe I'm coming around to this idea. But is the reading of text against copyright law? The Authors Guild is bothered by this. Some views here and here. 

• New Zealand's controversial Internet/copyright law is placed on hold - this after website and twitter blackouts.

• Adam's Drafting has an article on retooling your contract process for the downturn that I find fascinating. I have helped many of my clients over the years to simplify their contract process, saving them money and time and helping them to focus on the business relationship. This is sound advice for times like these.

Copyright and fair use of the Obama's iconic image

The latest big fair use lawsuit involves President Obama's red and blue iconic image ("Hope") that has been everywhere throughout the election and beyond. Did the artist use the AP's image fairly, according to copyright fair use law? The Fair Use Project at Stanford Law School, representing the artist, is seeking a declaration that its all ok. Oh, and by the way, the other wrinkle in this case is whether the freelancer who took the photograph actually assigned the copyright in the photo to AP.

Discouraging Sploggers

Worried about sploggers (sites that spam or steal your blog content)? Some people aren't - for instance, here is one take from TechDirt on why they don't go after people who copy their content. But for those people who do want to control where their content is placed, for a variety of reasons, here are some ideas on what you can do to discourage (maybe not prevent, but discourage) copying of your content:

1. Display a copyright notice. The default copyright notice goes along the lines of "Copyright, All Rights Reserved." Creative Commons has easy to use "Creative Commons, Some Rights Reserved" licenses that may be right for you. 

2. Use a watermark on your images. Especially if you are a photographer. Images are just as susceptive to being scraped as text is. Include the © symbol as part of your watermark.

3. At the beginning or end of a blog post, use a hyperlinked tagline that directs the reader back to your sites. For instance, "Original Whereas post." In fact, see my example at the end of this post! You can also add your copyright notice into this tagline if you wish to.

4. Limit your RSS feeds to display partial feeds only. This is a practical fix that means that a splogger will effectively be unable to pull the entire post in an automatic manner.

If your content is splogged, you can contact the site and ask them to remove the content. Engaging an attorney to write a cease and desist letter for you may have a better response, as there seems to be some magic about attorney's letterhead.

Original Whereas post. Like any good lawyer, I have to let you know that this is not legal advice and that you should consult with an attorney in your jurisdiction for legal advice. Please see my site disclaimer for more.

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!

Lessig for Congress?

One of my husband and I's favorite things to do - especially during the writer's strike - is to watch talks by amazing visionaries at www.ted.com. If you are not familiar with it, the Ted Conference is a pretty exclusive venue - it is held in Monterey and you can only get in if you are speaking. But....the internet makes it easy for us all to now be able to view these really interesting people speak about all sorts of things. Hooray.

I was very happy to see a Ted talk given by Lawrence Lessig, a Stanford copyright law professor and chair of Creative Commons.

Even more interesting, Lessig is now considering a bid for Congress. We'll see - follow his story at his site Lessig08.