©ollectanea

In thinking about contributing to a blog, my first thought was to think about the copyright problems that blogs themselves may actually have. Clearly, in reproducing copyrighted works for inclusion in a blog raises all of the normal copyright issues. Fair use may apply, but the larger the portion of the work used, the less likely fair use will be found.

Some copyright owners have considered whether to contact bloggers to notify them of infringement of their works. Apparently, the jury is out on this issue -- at least among those who responded. Some answered that most bloggers are totally unaware of copyright and licensing and others advised that even college students today had at least a rudimentary knowledge of copyright. See http://www.lightstalkers.org/widespread_copyright_infringement_on_blogs

There are several blog entries I read that discuss various copyright issues:

1. Copyright ownership in blogs

Issues of copyright ownership should be straightforward, but many who blog are encouraged to do so by their employers. This may raise the issue of who owns the copyright in the blog and turns on the work-for-hire doctrine. More and more companies are developing policies that relate to blogging by employees to address a myriad of
liability issues but ownership of the content is also of concern to these companies. There seems to have been no litigation over ownership, however.

2. Quoting material

In 2005 a boingboing post discusssed the fact that bloggers quote liberally from mainstream media and that it would be difficult to blog were copyright strongly enforced against blogs. The posting pointed to norms that have developed in the blogosphere with little enforcement of copyright. The posting muses that this could change.

3. Music

In December 2004 Richard Slilverstein posted a message at: http://lists.ibiblio.org/pipermail/cc-community/2004-December/000226.html
concerning his mp3 blog expressing the view that because his blog was noncommercial and because he was a one-person operation, he had not sought permission to use the songs he uploaded. The songs are world and folk music, and unfortunately the blog is no longer available. He indicated that many musicians and record labels objected to blogs such as his. He wondered whether he should "do the right thing regarding copyright" or if the fact that he had little time to do so might excuse him. Perhaps the fact that the blog he ran is no longer available answers the question.

Other music blogs use short clips only and perhaps might be considered fair use. See http://copycommaright.blogspot.com/

4. Other legal issues

Two other interesting legal issues have been raised with blogs: (a) liability for defamation in the content and (b) disqualification of jurors blogging during a trial.

The Electronic Frontier Foundation has an faq on online defamation aimed at helping bloggers understand the law regarding defamation. Because defamation law developed around the concept of mass media in the form of newspapers and television, it is not so clear how the law applies to blogs.

Who would have ever thought that juror currently sitting on a jury panel in a trial would blog about the trial and his experience as a juror? Well, it has happened. See March 12, 2007, The National Law Journal. There are blogs that discuss jury duty but most jurors know now to disuss the trial in which they are serving as a juror. Apparently, many courts will now add a "do not blog" mandate to their jury instructions.

Well, now that I have reviewed some do's and don'ts about blogging -- don't infringe copyright, don't say ugly things about anyone and don't blog about a trial while sitting as a juror in that proceeding -- I am ready next to post something about copyright. Stay tuned.

Lolly