Can I Do That? Legal Issue-Spotting as You Blog Chris Gatewood @gatewood5000

3 things, words to the wise copyright and aggregation defamation and libel policies and risk management

copyright and aggregation

defamation and libel

policies and risk management

copyright what an original work of expression, fixed in a tangible medium (servers and drives are tangible media) facts are not covered when exists at the time of creation

what

an original work of expression, fixed in a tangible medium

(servers and drives are tangible media)

facts are not covered

when

exists at the time of creation

copyright – fair use four factors whether copying use is commercial or noncommercial the work being copied (purely creative vs. factual) how much of the work is used the effect of the use upon the potential market for the work

four factors

whether copying use is commercial or noncommercial

the work being copied (purely creative vs. factual)

how much of the work is used

the effect of the use upon the potential market for the work

content aggregation do aggregators give traffic or take traffic? yes commentators or feed scrapers how is this different from RSS? why do the big guys not block Google? permission (license)

do aggregators give traffic or take traffic?

yes

commentators or feed scrapers

how is this different from RSS?

why do the big guys not block Google?

permission (license)

defamation definition false statement that injures someone's reputation and exposes him to public contempt, hatred, ridicule, or condemnation safe harbors truth or incredibility opinion more latitude with public figures

definition

false statement that injures someone's reputation and exposes him to public contempt, hatred, ridicule, or condemnation

safe harbors

truth or incredibility

opinion

more latitude with public figures

policies companies uncomfortable with employee blogging and social media policies on employee blogging / tweeting can manage risks, increase comfort level

companies uncomfortable with employee blogging and social media

policies on employee blogging / tweeting can manage risks, increase comfort level

watch out for the feds transparency, particularly with product reviews FTC regulations, looking for misleading advertising, even if not in actual ads

transparency, particularly with product reviews

FTC regulations, looking for misleading advertising, even if not in actual ads