1|Page   10 Copyright Commandments         that keep real estate bloggers out of trouble       Frances Flynn ThorsenThis h...
2|Page                                Frances Flynn ThorsenMy name is Frances Flynn Thorsen.I had my first newspaper colum...
3|Page                                1 . Thou shalt be                                 able t o d ef ine                 ...
4|Page                                Intellectual Property Law                           Artistic                        ...
5|Page                                                   Copyright                                 Trade                  ...
6|Page                                                     Creative                                  Fair Use             ...
7|PageWe are going to talk a little about Public Domain, but we are not going to spend a lot of time onthis because we cou...
8|Page                                  2 . Thou shalt                                   und er st and                    ...
9|Page                      What Is Copyright?                       Law protects intellectual property                  ...
10 | P a g e                      Minimum Requirements                      Original                      Creative      ...
11 | P a g e                     Copyright Begins …                       … the moment an author                          ...
12 | P a g e                     Copyright Notice                      Copyright word or symbol ©                      D...
13 | P a g e                     What is the Purpose of Copyright?                      To promote creativity,            ...
14 | P a g e                     Copyright Law Balances Rights                     Owners                                 ...
15 | P a g e                      Technology Makes It Easy                       Technol                       Share     ...
16 | P a g e                      Copyright Violations                          Text and articles                        ...
17 | P a g eMusic is a place where people are going crazy. I hear modern day popular music and the Beatleson real estate v...
18 | P a g e                                  3 . Thou shalt                                 honor c ont ent              ...
19 | P a g eThis is part of a very long discussion at LinkedIn. Broderick Perkins is a seasoned, veteranjournalist. He has...
20 | P a g e                                  4 . Thou shalt                                   und er st and              ...
21 | P a g e                     The Doctrine of Fair Use                      §107   Limitations on exclusive rights: Fai...
22 | P a g e                     Fair Use                      Use a portion of a copyright                       work “as...
23 | P a g eI had a television show in Tucson a couple of years ago … Truth in Housing Matters focused onforeclosures and ...
24 | P a g eTwo of the photos were taken from a web marketing company … they held a Webinar and I tooka screen shot of one...
25 | P a g e                      TwitterTwitter offers special challenges relative to copyright enforcement.Twitter’s 140...
26 | P a g e                                5 . Thou shalt                               not st eal m usic .Copyright ©201...
27 | P a g e                     Music - File SharingTechnologyThe music industry has suffered incredible loss of revenue ...
28 | P a g e                                  6 . Thou shalt                                 honor Cr eat ive             ...
29 | P a g e                     Creative CommonsCyberlaw and intellectual property experts got together at the turn of th...
30 | P a g e                     Creative Commons                                     Attribution                         ...
31 | P a g e                                     7 . Thou shalt                                     not swipe t hy        ...
32 | P a g e                     Flickr SearchHere’s a great example of a website using Creative Commons licensing where t...
33 | P a g e                                 8 . Thou shalt                                not st eal m aps.Copyright ©201...
34 | P a g e                     Maps                     “If you didnt create it, write it, photograph                   ...
35 | P a g e                     Google MapsThis map is a good example of what you are NOT allowed to do with Google Maps....
36 | P a g e                     Photos                                                 Original                         ...
37 | P a g e                     The CommonsThe Commons is a very neat little corner of Flickr where there are wonderful i...
38 | P a g e                      no pay?                      no permission!The bottom line is this:If you publish someon...
39 | P a g e                               9 . Thou shalt be                                c aut ious using              ...
40 | P a g e                      VideosYou need to be very careful with videos these days.YouTube is sending notes to peo...
41 | P a g e                                 1 0 . Thou shalt                                    not ignor e              ...
42 | P a g e                     Lawsuits ?Nobody wants to be sued.It happens a lot, though, and that does not need to be ...
43 | P a g e               Happy Blogging!                             Have you read my books?Copyright ©2011 - 2012 Franc...
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10 Copyright Commandments that Keep Real Estate Bloggers Out of Trouble

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Realtors are used to talking about property rights and today we are going to talk about a different type of property right than you are used to talking about. Intellectual property rights was first discussed in the 19th century and it gained traction in the 20th century.

Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Let’s not forget the WORD Realtor® is a trademarked name and protected under law. The Realtor® logo, also. The word Realtor® is protected under trademark law, another type of intellectual property law.

If you do not understand how to use the word Realtor correctly take a little trip to Realtor.org for more information and be knowledgeable about the way to use a very important word in your business. Many people are using the word incorrectly and sometimes when you see something often enough, it looks right even when it’s wrong.

There are different types of intellectual property. Each type of property has different laws.

In some ways, it’s just like real estate. There are different types of real estate – residential single family homes, residential multi-unit properties, commercial properties, industrial properties, land. Different laws and regulations govern the use of these properties. Laws govern tenancy, development, mineral rights below the land.

Each type of real estate property has different laws attached to it. There is a different type of expertise attached to each property type.

Copyright is a type of law attached to intellectual property.

Trademark is a different type of law

Patent covers inventions and discoveries

Industrial design rights is another type of intellectual property.

In some areas of the country, trade secrets are also covered as an intellectual property.

The intellectual property umbrella covers many different types of intellectual property law.

The are corresponding fields of law attached to various intellectual property TYPES 1] Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.

Copyright is part of a bigger discussion of permission based content management. It is about the legal way to share intellectual property.

As part of a risk management plan, assess the content on your website and blog. What do you own? What do other people own? If you are working with a templated website or blog, some of the content may belong to the website provider.

You should know exactly what the boundaries of ownership is wherever you have a presence online. What’s your’s? What is not yours?

There are different types of intellectual property. Each type of property has different laws.

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10 Copyright Commandments that Keep Real Estate Bloggers Out of Trouble

  1. 1. 1|Page 10 Copyright Commandments that keep real estate bloggers out of trouble Frances Flynn ThorsenThis handout accompanies a Webinar video you can view here. It is my mission to share best practices with a wide audience. Happy Blogging! Blogmother FranCopyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  2. 2. 2|Page Frances Flynn ThorsenMy name is Frances Flynn Thorsen.I had my first newspaper column at 16 in New Jersey …. I was a newspaper reporter in NewJersey … magazine editor in Manhattan for 10 years … I have written articles and books …started blogging in January 2005. I watch trends. Unfortunately, present trends in real estatedo not reflect high degree of knowledge or attention to intellectual property rights. I am thecreator of No Blogger Left Behind and the co-author of the Real Estate Social Media Policiesand Procedures Manual, 20-plus page document … copyrighting is a small part of that.I worked as a Realtor in Bethlehem, PA, for 22 years before moving to Tucson, AZ, in 2007.I am a blogger, a writer, and editor. Please do not construe the information you receive heretoday as legal advice.The best way to ask a question is to chat one in.I would greatly appreciate your feedback following the video. You don’t have to include yourname if you do not want to share. If you have legal questions, the best person to ask is alicensed attorney.Cross Channel Marketing ConsultantsTucson, AZ520-282-4174Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  3. 3. 3|Page 1 . Thou shalt be able t o d ef ine int ellec t ual pr oper t y.Q. What intellectual property could be protected by Copyright? 1. A speech you give off the top of your head 2. A computer program you created for your bossA speech you give “off the top of your head” is not in a tangible, fixed form.CORRECT: A computer program is a creative work and would be able to have a copyright. Whatdoes your employment contract say about ownership?Q. Which of these actions would be legal? 1. Allow a friend to use your photo of a landscape on her website? 2. Ask a photo processor to make copies of your family portraits taken by a photo studioCORRECT: #2 … In most cases with photo portraits you are not the copyright holder and may notmake copies without permission.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  4. 4. 4|Page Intellectual Property Law Artistic works symbols literary designs Discoveries and inventions phrases words musicRealtors are used to talking about property rights and today we are going to talk about adifferent type of property right than you are used to talking about. Intellectual property rightswas first discussed in the 19th century and it gained traction in the 20th century.Under intellectual property law, owners are granted certain exclusive rights to a variety ofintangible assets, such as musical, literary, and artistic works; discoveries and inventions; andwords, phrases, symbols, and designs.Let’s not forget the WORD Realtor® is a trademarked name and protected under law. TheRealtor® logo, also. The word Realtor® is protected under trademark law, another type ofintellectual property law.If you do not understand how to use the word Realtor correctly take a little trip to Realtor.orgfor more information and be knowledgeable about the way to use a very important word inyour business. Many people are using the word incorrectly and sometimes when you seesomething often enough, it looks right even when it’s wrong.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  5. 5. 5|Page Copyright Trade Trademark secrets Intellectual Property Industrial design Patent rightsThere are different types of intellectual property. Each type of property has different laws.In some ways, it’s just like real estate. There are different types of real estate – residential singlefamily homes, residential multi-unit properties, commercial properties, industrial properties,land. Different laws and regulations govern the use of these properties. Laws govern tenancy,development, mineral rights below the land.Each type of real estate property has different laws attached to it. There is a different type ofexpertise attached to each property type.Copyright is a type of law attached to intellectual property.Trademark is a different type of lawPatent covers inventions and discoveriesIndustrial design rights is another type of intellectual property.In some areas of the country, trade secrets are also covered as an intellectual property.The intellectual property umbrella covers many different types of intellectual property law.The are corresponding fields of law attached to various intellectual property TYPES 1] Commontypes of intellectual property include copyrights, trademarks, patents, industrial designrights and trade secrets in some jurisdictions.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  6. 6. 6|Page Creative Fair Use Commons Public Copyright Permission Domain based content managementCopyright is part of a bigger discussion of permission based content management. It is aboutthe legal way to share intellectual property.As part of a risk management plan, assess the content on your website and blog. What do youown? What do other people own? If you are working with a templated website or blog, some ofthe content may belong to the website provider.You should know exactly what the boundaries of ownership is wherever you have a presenceonline. What’s your’s? What is not yours?We are going to talk about permission based content management. Permission based contentmanagement is part of an overall risk management strategy that prevents you from being sued.The costs of litigation are high even when you win a case in court.Copyright falls into the legal domain … it is the province of courts when there aredisagreements about ownership.Fair Use provides a way to use copyrighted materials without permission in certain cases. FairUse is not a law. Fair use is an interpretation of the copyright law and we are going to talk aboutthat in greater depth in a little while. We are going to use examples in the real estate industry.We are also going to talk about Creative Commons. Creative Commons is a licensing construct.Creative Commons is an avenue that lets you find intellectual property for your blog, it lets youlicense your own intellectual property to share with other people.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  7. 7. 7|PageWe are going to talk a little about Public Domain, but we are not going to spend a lot of time onthis because we could spend another whole hour discussion this … Works are in the publicdomain if they are not covered by intellectual property rights at all, if the intellectual propertyrights have expired,[1] and/or if the intellectual property rights are forfeited or unclaimed.There are many sources of public domain content that are freely available … I expect I will havea Webinar covering public domain use in the near future.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  8. 8. 8|Page 2 . Thou shalt und er st and Copyr ight .Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  9. 9. 9|Page What Is Copyright? Law protects intellectual property Means the “right to copy” - is exclusive right. Excludes everyone except the person who owns the intellectual property.Copyright offers protection provided by the laws of the United States to the authors of “originalworks of authorship,” including literary, dramatic, musical, artistic, and certain other intellectualworks.It means “right to copy” It is an exclusive right. Only the author of a property has the exclusiveright to copy and share it.For example, I am creating this Webinar. I have a PowerPoint I created for this Webinar. I ownthe intellectual property because I created it. I alone have the right to copy and share it. If Iproduce a Webinar for another party, I give that party the right to share and distribute theproperty also.In some cases, I conduct Webinars and the intellectual property contained in the recordingbecomes a product I share. Sometimes I offer that product in conjunction with another partyand we share the income derived from the sale of the video replays. Unless you havepermission to share this Webinar, you are prohibited by law from sharing the link or sharing thedownload.Nobody has the right to share the video unless I grant them that right.I am not posting this video on YouTube. I am sharing the video two ways. First, in an exclusiveWebinar replay, and Second, as premium content on No Blogger Left Behind.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  10. 10. 10 | P a g e Minimum Requirements Original Creative Fixed formThere are minimum requirements for copyrights.You can’t just have a thought about something and copyright a thought. A copyright can only beapplied to something that is original, where you are the author.It must be a creative product.And it must be in a fixed form.Articles, written materials, photos, videos, music, plays.A lot of what we create online meets minimum requirements. The blog posts we write, thevideos we produce, the podcasts we create … All of these are original (hopefully, or purchased),all are creative, fixed forms of intellectual property. All of these are protected by copyright.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  11. 11. 11 | P a g e Copyright Begins … … the moment an author puts her idea into tangible formWhen does copyright begin?The moment somebody puts an idea into tangible form, the right to copy begins.The moment an idea is created with form, it is covered under the law.Intellectual property is conceived in the mind.It is born in tangible form.Copyright protection begins at the moment of birth.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  12. 12. 12 | P a g e Copyright Notice Copyright word or symbol © Date Property owner Copyright © 2011 Frances Flynn ThorsenIt’s a good idea to give copyright notice. Use the copyright word or symbol. Include the year thecontent was born, and the name of the author.It should look something like this:st authors include this notice at the bottom of the blog or website. You do not have to includethis notice on every single blog post. One notice at the bottom of the page will suffice.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  13. 13. 13 | P a g e What is the Purpose of Copyright? To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. ConstitutionWhy do we even have copyright?The US Constitution talks about promoting creativity, innovation, and the spread of knowledge.The whole notion of copyright and the protection attached to it inspires people to createbecause they have less fear about losing their property. They have assurances they can exercisetheir rights as owners of the property they create.People are less afraid of sharing their creativity when they know protections are attached tothem. They can work in a more risk-free environment knowing their property is safe. They havelegal recourse if someone steals it.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  14. 14. 14 | P a g e Copyright Law Balances Rights Owners UsersCopyright law balances the rights of owners and end usersOwners of intellectual property can assert their rights to restrict use of their content. They cancharge fees for the use of their content, can limit how it is used. It gives property owners legalrecourse It is their property. They have a say in how it’s used, how it is modified, and how it isdistributed. If someone steals your property, you can sue them. You can send them a cease-and-desist letter, put them on notice that the property is not theirs, is not theirs for the taking. … you can send them a letter and demand payment. I know a popular speaker in the real estateindustry … found a photo on Google, (which is a “no no”, by the way … hopefully you know thatby now) … She posted it on her blog and received a letter from an attorney representing theperson who owns the rights to the photo she used. She paid over $800 to settle out of court,removed the photo from her blog, and learned a valuable lesson.Just because a photo appears in a Google search does not mean you have a right to take it. Justbecause it is there does not mean you can use it. As technology advances, it becomes easier andeasier for people to discover if other people are using their property and infringing upon theircopyright.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  15. 15. 15 | P a g e Technology Makes It Easy Technol Share Copy Repurpose Quote DistributeTechnology is making it very easy for people to work online, to be able to create intellectualproperty, to be able to share it, and do all kinds of things with it.You can reproduce it, you can prepare derivative works of it, distribute copies, perform ordisplay it publicly.Let me tell you a little about derivative works. That is a very important phrase in the copyrightarena.I have a book, HUD Homes for Sale … I repurposed that book last year into six hours of livetraining. The class I created became a derivative of the book I wrote for real estate agents.I also repurposed the book into blog posts … I took chapters and topics within chapters andcreated blog posts. The blog posts were derivatives of the book I wrote.I am coming out with an online class about HUD Homes shortly. That is another derivativeproduct of the book.If you have an ebook or other intellectual property, you own the right to the derivative worksoriginating in that intellectual property.An owner may authorize other to have these rights and also to sell the property.Unfortunately, the easier it gets to manage content the easier it is to steal it.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  16. 16. 16 | P a g e Copyright Violations Text and articles Maps Music Photos VideosCopyright law applies to articles written by other authors, photographs and images, videos, andmusic. Avoid severe financial consequences that follow unauthorized use of another personsintellectual property.I am going to address the copyright violations I see most frequently in the real estate industry. Isee lots of agents and brokers taking whole articles from online and other sources andreprinting them on their blogs. I see it happen with “Wall Street Journal” articles and others.That is NOT the way to share information from other sources.The best way to take the essence of an article for your blog is to refer to the article title, taketwo or three sentences, and provide a link to the original source. “I just read a great articleabout foreclosures in the “Wall Street Journal” …Wholesale ripoffs of articles happens a lot. I am surprised that people are not “getting it” aboutreprinting whole articles on their blogs.Maps is another area where there is a great deal of copyright infringement. People buy maps,they buy designer maps, they buy map technology, and people come in and just take them.They think because it’s there they can just take it.You cannot take anyone else’s maps anymore than you can walk into a store and say, “That’s agreat steak. I’ll take it home because I am hungry.” You have to PAY for the steak before you walkout the door or you will be arrested for shoplifting.Intellectual property has parallels in the brick and mortar world.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  17. 17. 17 | P a g eMusic is a place where people are going crazy. I hear modern day popular music and the Beatleson real estate videos. I cannot believe so many people are doing that. The music industry isprosecuting very vigorously right now.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  18. 18. 18 | P a g e 3 . Thou shalt honor c ont ent c r eat or s.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  19. 19. 19 | P a g eThis is part of a very long discussion at LinkedIn. Broderick Perkins is a seasoned, veteranjournalist. He has been writing professionally more than 30 years. You may have read his articleson Realty Times and other online venues. Broderick makes his money writing.You think Realtors don’t like journalists? You should hear more back room conversations aboutRealtors when journalists get together! It is not nice!Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  20. 20. 20 | P a g e 4 . Thou shalt und er st and Fair Use.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  21. 21. 21 | P a g e The Doctrine of Fair Use §107 Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonerecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching … scholarship, or research, is not an infringement of copyright. Section 107 Copyright Act of 1976This is not a law … the is a interpretation. Do not confuse this with public domain. Fair useapplies to unauthorized use of another person’s copyrighted material in a LEGAL way.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  22. 22. 22 | P a g e Fair Use Use a portion of a copyright work “as is” for News reporting Research EducationCopyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  23. 23. 23 | P a g eI had a television show in Tucson a couple of years ago … Truth in Housing Matters focused onforeclosures and the homeless. I produced an episode called “Foreclosure hall of Shame” and Iwrote a series of blog posts about it on various platforms … Truia, ActiveRain, Realtown, and myown blog.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  24. 24. 24 | P a g eTwo of the photos were taken from a web marketing company … they held a Webinar and I tooka screen shot of one of their postcards and used it to illustrate my article.I used the same photo in a series of YouTube videos I created for distressed homeowners indifferent market areas where real estate practitioners subscribed to this service.Copyright? If I was using the image to create my own marketing materials, I would be guilty ofcopyright infringement. In this case, I was using the image to report, and educate. That’s wherefair use comes in.The owners of the images made attempts to have my posts removed at all of the platformswhere I published my articles. Obviously, they were not happy with my perspective aboutpredatory marketing initiatives. Their attempts to have those posts removed were unsuccessfulbecause I was operating under Fair use guidelines. That is a very important distinction andheaven knows I am not the least bit interested in victimizing distressed homeowners.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  25. 25. 25 | P a g e TwitterTwitter offers special challenges relative to copyright enforcement.Twitter’s 140 character limit makes it difficult, though not impossible, to post a work thatreaches the standard for copyrightability. Though short works, such as Haiku, can be protectedby copyright, the majority of items posted to Twitter would not likely be seen as “original worksof authorship”. They are simply too short and don’t usually reach the requisite level of creativity.That said, some tweets could be copyrighted if they met the description and, almost certainly, acollection of tweets from the same person could be copyrightable if they could be seen as onelarge work broken apart over many entries.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  26. 26. 26 | P a g e 5 . Thou shalt not st eal m usic .Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  27. 27. 27 | P a g e Music - File SharingTechnologyThe music industry has suffered incredible loss of revenue … artists, musicians, writers, andpublishers have taken a hit and the music industry is evolving to new business models. At thesame time, the industry is vigorously prosecuting people who violate the law. I see real estateagents and vendors using popular music as a background to their videos on YouTube andelsewhere. This is a very dangerous trend, not just for the agents, but real estate brokers.Agent marketing comes under a broker’s license jurisdiction and a broker shares the risk ofbeing sued. The bigger the broker, the deeper the pockets, the more vigorous a prosecution islikely to be. I know a broker in the SE … she spent $25,000 in legal fees to stay out court in anissue involving an agent … this was not a music issue, actually. The lawsuit was filed by adeveloper who accused the blogger of reckless blogging that damaged his business and hisreputation … Interestingly, the the matter cited in the lawsuit PRECEDED the agent’s relationshipwith the brokerage. The agent’s blogging content that was cited in the lawsuit, was publishedBEFORE the agent joined the brokerage.The bottom line is this: Being sued is expensive, even when you’ve done nothing wrong.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  28. 28. 28 | P a g e 6 . Thou shalt honor Cr eat ive Com m ons.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  29. 29. 29 | P a g e Creative CommonsCyberlaw and intellectual property experts got together at the turn of the millennium andreleased its first set of copyright licenses for free to the public. Creative Commons developed itslicenses —inspired in part by the Free Software Foundation’s GNU General Public License (GNUGPL) — alongside a Web application platform to help you license your works freely for certainuses, on certain conditions; or dedicate your works to the public domain.In the years following the initial release, Creative Commons and its licenses have grown at anexponential rate around the world. The licenses have been further improved, and ported toover 50 international jurisdictions.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  30. 30. 30 | P a g e Creative Commons Attribution • You can let others copy, distribute, display, and perform your copyrighted workd-and derivative works based upon it - but only if they give you credit. Noncommercial • You let others copy, distribute, display, and perform your work – and derivative works based upon if for noncommercial purposes only. No Derivative Works • You let others copy, distribute, display, and perform only verbatim copies of your work, notr derivative works based upon it. Share Alike • You allow others to distribute derivative works only under a license identical to the license that governs your work.Become familiar with various levels of Creative Commons licenses.This will help you develop new content with text, images, and multimedia that other peoplecreate who are happy to share their content according to a given set of rules.This will also help you share YOUR content with others, and let you set the terms and conditionsattached to the content you are willing to share.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  31. 31. 31 | P a g e 7 . Thou shalt not swipe t hy neighbor ’ s phot os.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  32. 32. 32 | P a g e Flickr SearchHere’s a great example of a website using Creative Commons licensing where the communityoffers to share content.Flickr is a photo sharing site. You can search for photos using the licensing parameters to findimages you can use in your blog.Sometimes you can find great photos and the only thing you need to do to comply with theCreative Commons licensing is place a link with attribution to the photographer. You can see thiskind of attribution regularly … I see this often over at Inman News. Inman News editorsfrequently use photographs with Creative Commons attribution only licensing in its news andfeature stories.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  33. 33. 33 | P a g e 8 . Thou shalt not st eal m aps.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  34. 34. 34 | P a g e Maps “If you didnt create it, write it, photograph it, draw it, have it made for you for a fee, DONT put it on your web site. For others who have found themselves in the same situation, dont let anyone get by with using your copyrighted property without your permission.” -- Lenn Harley Homefinders.com MD & VA Homes and Real EstateLenn Harley is a highly regarded Realtor® who displays beautiful maps on her website. She hadthe maps made for her website and for years real estate agents have “borrowed” her mapswithout permission. Lenn has successfully settled demands for tens of thousands of dollars withreal estate agents and brokers who thought it was OK to copy her maps and use them on theirown websites. Lenn has a “take no prisoners” attitude ..Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  35. 35. 35 | P a g e Google MapsThis map is a good example of what you are NOT allowed to do with Google Maps.A couple of years ago I wrote several tutorials about creative use of Google Maps usingderivatives of the maps. Someone sent me a polite e-mail following a blog post and referred meto Google’s Terms of Service on their maps.I was shocked and embarrassed that I was sharing such poor information and I was equallyshocked that only one person pointed it out.If you do anything with Google Maps on your website or blog I urge you to read the terms ofservice attached to Google Maps.In fact, it is a good rule of thumb to read the TERMS OF SERVICE attached to any product orservice you use, whether it is a paid service or a free service. And, be aware that terms ofservice change and you need to stay on top of changes to stay out of trouble.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  36. 36. 36 | P a g e Photos Original Release Flickr Stock photosStock photography is a collection or archive of images that can be licensed for use. It’s a way forcompanies or individuals to purchase photographs without having to hire a photographer for aspecific shoot.iStock images and Dreamstime are two of the services I use to purchase photos.Getty Images is a huge company that has hired attorneys to collect fees from people using Gettyimages without paying a fee.Copyright law grants to registered copyright owners the right to recover at least $750 for eachinfringing reproduction. The law also recognizes that some people "innocently infringe" otherscopyrights and so, if the infringer proves in court that his or her infringement was innocent, thestatutory damages amount drops to $200.Instead of filing suit to recover its damages, which it has the right to do, Getty pays someone tosend settlement demand letters to infringers. Lots of these accused “infringers” are real estateagents and brokers who are using template websites. These agents and brokers did not go outand find the photos and put them on their websites. There is a lot of knashing of teeth in thereal estate industry and lots of payments being made by agents and brokers to Getty fordamages. Sometimes it’s just easier to pay a couple of hundred dollars to settle a claim than it isto engage in a protracted legal dispute.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  37. 37. 37 | P a g e The CommonsThe Commons is a very neat little corner of Flickr where there are wonderful images you canuse without worry because they are in the Public Domain. I’ll be doing a Webinar about publicdomain in No Blogger Left Behind in the next month or so and if you are registered there youwill have access to some very rich information about that. That’s way beyond the scope oftoday’s Webinar. Just keep your eyes open. It’s coming soon.I recently discovered how to quickly determine if a government document is in the publicdomain and how to use innovative search strategies to find those documents. This is one ofthose little secrets information marketers use to produce products … you can use the samestrategies to build rich content in your blog.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  38. 38. 38 | P a g e no pay? no permission!The bottom line is this:If you publish someone else’s content on your blog, you need permission to publish it.Sometimes that permission is granted when you pay a fee, and sometimes there are otherterms attached to the permission.Be sure you document your permission each and every time you use content that somebodyelse created.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  39. 39. 39 | P a g e 9 . Thou shalt be c aut ious using vid eo.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  40. 40. 40 | P a g e VideosYou need to be very careful with videos these days.YouTube is sending notes to people using music in their videos when the music matchescopyrighted files in their index.There are two sites in particular where there discussions over at Facebook between real estateagents who are receiving warning letters from YouTube. Some of those agents are usingAnimoto videos and some are using Real Estate Shows. Both of these are real estate marketingtools and both offer musical backgrounds … Management at both of these sites have securedthe right to share the music, but for the time being their appeals to YouTube seem to be fallingon deaf ears.I’ve heard agents decide to stop using the musical backgrounds to avoid having their videos shutdown or even worse, seeing their YouTube accounts cancelled altogether.I think it’s a great time to look at YouTube options, actually, but that’s another Webinar. I thinkWellcomeMat offers a great video solution for real estate agents.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  41. 41. 41 | P a g e 1 0 . Thou shalt not ignor e lawsuit s.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  42. 42. 42 | P a g e Lawsuits ?Nobody wants to be sued.It happens a lot, though, and that does not need to be case!Look at this this way … before you can get behind the wheel of a car, turn on the ignition, andhit the road, you have a real estate license. You know the rules of the road and the highwaysand byways have a higher standard of safety attached to driving.When you are creating content for the Web, or printed content, you are wise to know the rulesof the road relative to intellectual property rights. Otherwise, you may end up defendingyourself in court or writing checks for hundreds or thousands of dollars.Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual
  43. 43. 43 | P a g e Happy Blogging! Have you read my books?Copyright ©2011 - 2012 Frances Flynn Thorsen Real Estate Social Media Policies & Procedures Manual

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