Internet Law for Bloggers

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Presentation from Word Camp Miami Feb. 2012

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  • The OPEN Act would allow copyright holders to file complaints about copyright infringement at foreign websites with the U.S. International Trade Commission, which would investigate the complaints and decide whether U.S. payment processors and online advertising networks should be required to cut off funding. Tran Pacific PartnershipTPP broad outline approved 9 countries’ • Cross-cutting issues not previously in trade agreements, such as making the regulatory systems of TPP countries more compatible so U.S. companies can operate more seamlessly in TPP markets
  • Anti-Counterfeiting Trade AgreementWhereas ISPs normally are only forced to remove content after a court order, all legal oversight will be abolished, a precedent that will apply globally, rendering the treaty worse in its potential scope for abuse than SOPA or PIPA.Creates an ACTA Committee to decide violationsA country known for its enforcement of harsh Internet censorship policies like China could demand under the treaty that an ISP in the United States remove content or terminate a website on its server altogether. As we have seen from the enforcement of similar copyright policies in the US, websites are sometimes targeted for no justifiable reason.The agreement will create an “ACTA Committee” to make amendments to the agreement. The problem is that this committee is not accountable to anybody. It is outside the public and judicial process, and not accountable to a nation or an international body.
  • While copyright infringement was previously a civil matter, violation of the prohibitions of DMCAantihacking is a criminal offense, which is punishable by a fine of up to $500k fine or up to 5 years imprisonment.  Repeat offenses are punishable by a fine of up to $1M, or up to 10 years imprisonment.  This is a very significant change.Bush signed Protect IP Act in 10/08 – criminal penalties for infringement under copyright act
  • TCP/IP was standardized in 1982
  • Do not use someone else’s without permission
  • Under the fair use doctrine, third parties are permitted to use your copyrighted work without your permission for limited and "transformative" uses, including criticism, commentary, news reporting, parody, and teaching.
  • DMCA makes it a crime to hack DRM or other technical measures intended to protect copyrighted works.  It is also a crime to make or sell devices for this purpose.  criminal - as opposed to civil offensesDMCA extends US copyright law to cover works from, or by nationals of, the signatory nations. 1998
  • No hearing – no proofAppoint a take down notice agent at copyright.gov
  • Conspiracy to Commit Racketeering Criminal Conspiracy to Commit Copyright InfringementConspiracy to Commit Money Laundering
  • ICANN | Internet Corporation for Assigned Names and Numbers 1998Trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar The party who registered domain name has no legitimate right or interest in the domain name; and The domain name was registered and used in bad faith
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act“)Headers and subject linesValid postal addressLabeled as an advertisement/pornInclude instructions in the emailBe prompt in removing opt-outshow a reasonable recipient would perceive the purpose of an e-mail message based upon its subject line and the content located at the beginning of the message.actions must be brought by state Attorneys General,27 Internet Service Providers,28 or primarily, the Federal Trade Commission ("FTC")
  • Match.com suit for stock imagesRecording – 2 person consent in Fla
  • Internet Law for Bloggers

    1. 1. Beyond SOPA by Pamela S. WynnBoynton Beach, Florida www.FindYourPracticeOnline.com
    2. 2. This presentation is general information, not legal advice. www.FindYourPracticeOnline.com
    3. 3. Not the first attempts to regulate the Internet www.FindYourPracticeOnline.com
    4. 4.  Internet only or  Copyright Act of 1976 Apply to Internet  Digital Millennium Copyright Act of 1998  ICANN’s Uniform Domain Name Dispute Policy  State Laws  Federal Trade Commission Rules  Can SPAM *partial list (Proposed) OPEN Act   (Upcoming) TPP Agreement www.FindYourPracticeOnline.com
    5. 5. ACTA Trade Agreementsigned by President October 18, 2011Pending now in EU www.FindYourPracticeOnline.com
    6. 6. No court orderApply worldwideGovernment pursuesviolators www.FindYourPracticeOnline.com
    7. 7. www.FindYourPracticeOnline.com
    8. 8. Protects Your Content 1. Reproduce works 2. Prepare derivative works 3. Distribute copies 4. Perform/Display publicly www.FindYourPracticeOnline.com
    9. 9. TextImagesJava Applets, JavaScripts, and ActiveX scripts www.FindYourPracticeOnline.com
    10. 10.  Ideas Facts (unless meets "compilation" definition) Titles, names, short phrases, slogans Lists of ingredients or contents Blank forms and similar works designed to record rather than convey information" (See Circular 32 and 37 C.F.R. § 202.1) U.S. Government Publications Public domain works www.FindYourPracticeOnline.com
    11. 11. Are you in violation?www.FindYourPracticeOnline.com
    12. 12. ◦Flickr◦Google Images Advanced Search  “usage rights” Commercial vs Non-Commercial Use www.FindYourPracticeOnline.com
    13. 13. Usage Rights Modify or Not?www.FindYourPracticeOnline.com
    14. 14. PermissionPurchase/License Fair Use www.FindYourPracticeOnline.com
    15. 15. Don’t Be a Copy Cat Inspiration is ok, copying is not www.FindYourPracticeOnline.com
    16. 16.  Prevents circumventing measures to prevent unauthorized access making or selling devices or services intended to circumvent access or copying measures www.FindYourPracticeOnline.com
    17. 17.  Sent to site owner or ISP Safe Harbor for ISPsISP removes/ blocks the infringing materialpromptly and informs person responsibleabout takedown www.FindYourPracticeOnline.com
    18. 18. Megaupload Indictment Criminal Copyright Infringement www.FindYourPracticeOnline.com
    19. 19. Soooooooooo www.FindYourPracticeOnline.com
    20. 20. ICANN Name Policy Administrative Proceeding or Civil Court Case www.FindYourPracticeOnline.com
    21. 21. Disclosures Endorsements Earnings Disclosure Must Be Prominently Posted www.FindYourPracticeOnline.com
    22. 22. DeepGlamour is an Amazon affiliate. VirginiaPostrel receives a percentage of the purchase priceon anything you buy through one of our Amazonlinks, including purchases you make while onAmazon that we did not link directly to.The Federal Trade Commission demands that wetell you this—they think youre idiots and areviolating the First Amendment with their regulationof what bloggers publish—but its also a friendlyreminder to Support DeepGlamour by starting allyour Amazon shopping here. www.FindYourPracticeOnline.com
    23. 23. Endorsement Rule Must be Results Consumer Can Expect Can’t Use “Results not typical” Celebrity Endorsers Can Be Liable www.FindYourPracticeOnline.com
    24. 24. Applies to all emailswith a PrimaryCommercial Purpose www.FindYourPracticeOnline.com
    25. 25. State Laws Defamation Privacy Contracts Releaseswww.FindYourPracticeOnline.com
    26. 26. Untrue factual assertion that harms reputation www.FindYourPracticeOnline.com
    27. 27. Use Picture of Someone forCommerceRecordings www.FindYourPracticeOnline.com
    28. 28. Webinar ReplaysProducts from Live Classes www.FindYourPracticeOnline.com
    29. 29. Who Owns Comments? Terms of ServiceSubmissions by users that violate laws can getYOU in trouble DCMA Copyright Agent Appointment www.FindYourPracticeOnline.com
    30. 30. Follow Laws on Your Sites andMonitor the OPEN Act www.keepthewebopen.comSign ACTA Petition www.tinyurl.com/ACTApetitionSupport Electronic Frontier Foundation www.eff.org www.FindYourPracticeOnline.com February 2012
    31. 31. More Legal Resources:www.findyourpracticeonline.com/wcmiaConnect:@diyPam www.FindYourPracticeOnline.com

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