Ask a Cyber Lawyer helps Blogger assert copyright

I met Duane Lester from All American Blogger when I spoke at a blogger conference in Charlotte, NC a few weeks ago.

Last week I got a tweet from Duane.  Turns out a small news paper had taken a blog post of his, copied it almost verbatim, and published it in their newspaper.  They did not get his permission.  They did not attribute the source to him.  So here was my complete non-legal advice.

So that is what he did.  He wrote a letter to the paper, he attached a bill.  He delivered the letter, and in the end, he got a check from the paper for $500.00.  He also videotaped the encounter and posted it on his blog.  This all can be seen here.

This entire episode shows that the law is a double edged sword.  The advice about posting and attributing to bloggers, applies to news publications.  You cannot copy and republish an article without violating someone’s copyright.  Bloggers can’t do it.  Newspapers can’t do it.  Select what you want to use, a small fraction of the original work, attribute it, and add your own content, at least double of what you copied at bare minimum.  More would be better.

I also encourage bloggers to actually develop relationships with local newspapers.  See if you can get what you write republished with permission, and perhaps actual payment.  This way, they get content, you get attribution, publicity, and maybe a little cash.

Disclaimer:  This blog post contains no actual legal advice.  It is difficult to dispense comprehensive legal advice on the internet.  If you find the information on this site interesting and insightful, great.  But before you rely on any of this advice, please consult a legal professional with the specific details of your case or controversy.

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About James Skyles

James Skyles is the Owner and Principal Attorney at Skyles Law Group, LLC. He is a 2008 graduate of Ave Maria School of Law, in Ann Arbor, Michigan. Prior to graduation from Ave Maria, James earned his bachelors degree from the University of Illinois, Urbana-Champaign. James also holds a Certificate in Advanced European and Global Practice(Summa cum Laude) from Central European University in Budapest Hungary. Prior to founding Skyles Law Group, James was the General Counsel for the Franklin Center for Government Integrity, a nationally recognized pioneer in the field of online journalism. James is licensed attorney in State of Illinois, and is a member of the American Bar Assocation, the Illinois State Bar Association, The Chicago Bar Assocation, the Asian American Bar Association, and the Phi Alpha Delta National Law Fraternity. Aside from his legal work, James also has a passion for Italian gelato, and creates recipes as a hobby. He plans on publishing a book on the history of ice cream.

Posted on May 14, 2012, in blogging, blogs, copyright law, Uncategorized and tagged , , , . Bookmark the permalink. Leave a Comment.

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