Savor the Success - The Premium Business Network for Women Entrepreneurs.

I've noticed on a lot of other boards that people seem to think that it's ok to use other people's content on their sites.  Under what circumstances do you think it's ok to do so?  If you give credit?  If it's not hosted on your server, but is hosted on another server?  If you find images on Google? 

I know that this is a group of women who are bright and educated and I'm curious what the general impression of the law is...

Deena

Great question, Deena. As a writer of more than 30 years, I'm well aware of copyright issues, and any one who wishes to hold tight to intellectual property should be prepared to go after those who steal their work. And until the Internet came along, I was vigilant. (Interestingly enough, the magazines for which I wrote, were among the first of early perpetrators when it came to publishing content I had written for which they had purchased only rights to publish in the magazine.)

Since I began writing online or publishing online content that I own that has appeared elsewhere, both the focus of my business and my attitude has undergone a major change.

Any online writing that I do now is strictly in support of my business. It's PR. The purpose is to get noticed, to bring in customers. Initially, it was as a freelance writer, then as a life coach and now as the author of Celebrate Green! If people want to use what I write, as long as I am given credit and a link, I'm a happy camper.

I don't appreciate it when, for example, someone takes my coaching website and copies it exactly, which has happened to me, but I chalk it up to the cost of doing business. When it comes to the book, if we publish any of it online word for word, it will have copyright warmings all over it, but the reality is, I don't have time to chase these people down who ignore the law, nor do I have the money to pay someone else to do it. If someone brings it to my attention, I'll email and ask for the offending passage to be removed or whatever, but I can't spend time worrying about it.

I prefer to adapt the attitude of finding a way to make what appears to be a negative work for me. So far, it has.

Warmly,

Lynn

Deena,

I recently had hosted a Plurkshop and wrote a couple of articles that are available online relating to this.

I've been writing on the web for many years and therefore have had my fair share of other people pushing limits of "fair use".

Here are the articles I've written relating to the topics of blog related copyright, plagiarism, and splogging issues:

Copyright Violation and Plagiarism is Not Implicit in Public Access to Blog Content

http://www.plurkonomics.com/?p=78

PLURKSHOP #12 RECAP - Weblog Copyright Infringement, Plagiarism, and Splogging

http://plurkshops.com/?p=26

I have no problems with people using small sections of my blog content as part of a larger idea they are developing, provided that they are interested in authoring their own original content, and they provide proper credit.

I agree with Lynn about the reality of publishing on the web, and while I don't make it my mission to be the copyright police, if I learn about an instance where my work has been plagiarized or used inappropriately, I will contact the blog owner and ask that my work is removed.

I know I can't prevent it, but it is my responsibility to deter it, or what would be the impetus for a change for the better in  respecting other people's work on the web?

Jane Chin

I frequent forums that have a lot of webdesigners in them and I get questions over and over and over about whether or not people can use an article that they found somewhere or, if they give credit, are they allowed to take an image that they found on another website.  I'm always surprised that people don't know what they're allowed to use and what they're not. 

If you want to have your work protected, you do need to make the effort to protect it.  It's very difficult to insist that your work should be protected in a copyright battle if you've never protected it before.  A lot of people use a program called Copyscape to peruse the Net and look for violations of your work.  I haven't used it, but it works pretty well apparently.

Deena

Hi Deena,

I'm working on my press page and wanted to know if I need copyright permission first to:

1) do a screenshot of a newspaper article with my photo and put on my press page

2) do a screenshot of an online newspaper's logo with a link to my articles there

Any input would be great!

Thanks,

Vondie

Hi Vondie,

Sorry that I didn't see this message earlier... 

The answer to your question is, technically, yes.  That said, most newspapers won't care (considering it's you in the article) if you post a screenshot of the article.  It may be better to link the article to jump back to their page though.

A newspaper's trademark is a different intellectual property problem.  You would need permission to use their logo (but not their name if you're referencing their article).  

Let me know if you need more information.

Sincerely,

Deena

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Deena Burgess, Esq.
http://www.ebusinesslawgroup.com
Offering Affordable Legal Solutions for Online Businesses
Find me at Twitter and Linked In

Personal Blog - Being Anonymous (http://www.beinganonymous.com)

Thank-you Deena!

I left the article up.  And I contacted the others about using their logos.  The bummer part is -- no one gets back to you... at least when I tried before.

But, I'd rather be safe than sorry.

So thanks a bunch!

Vondie :)

Deena, if you're writing a blog (in this case I am writing a guest blog) for a gift guide, can you use photos of the product from the company's site or do you need permission first?  There is a link with it to their site obviously, because we're recommending their product.

On the other end of that, people do that with my products too.  What is the protocol for that?  One could reason it is welcomed because it's product exposure but I'm guessing its not technically legal?

Annette

Annette Frey
Biscuits by Lambchop
E-mail |  Facebook | Twitter  | YouTube

People tagged in this message:
Deena Fischer

Vondie - No problem.  I know, but at least you can show that you tried....

Annette - No, if you're using a picture of the product and you're talking about the product, it's likely going to fall under fair use exemptions.  And, as a practical matter, why would they want to stop you?

Hope that helps.

Deena

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Deena Burgess, Esq.
http://www.ebusinesslawgroup.com
Offering Affordable Legal Solutions for Online Businesses
Find me at Twitter and Linked In

Personal Blog - Being Anonymous (http://www.beinganonymous.com)

Thanks Deena, yes that makes sense, just wanted to make sure, thanks!

Annette

Annette Frey
Biscuits by Lambchop
E-mail |  Facebook | Twitter  | YouTube

Hi Deena,

Question #1  I actually removed the logos from my Press page.  Maybe I'm being a little overly cautious?  And just to make sure I've got this right...  I'm referring to logos like Savor has on the home page (Fox, MSNBC, Cosmopolitan, etc)

Question #2 I was thinking about starting a new savor cafe on relationships and business.  But, the title that comes to mind is "What's love got to do with it?"  But, since that's obviously from Tina Turner's song, would it be okay to use that?  (Or would that be copyright infringement?)

Thanks again for your great feedback.  I really appreciate it.

Vondie

Vondie,

1. A little overly cautious, but it won't hurt.

2. You can't copyright a song title.  That said, I'd still try to come up with an original thought.

Hope that helps.

Deena

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Deena Burgess, Esq.
http://www.ebusinesslawgroup.com
Offering Affordable Legal Solutions for Online Businesses
Find me at Twitter and Linked In

Personal Blog - Being Anonymous (http://www.beinganonymous.com)

Thank-you Deena,

I really appreciate your input!

Vondie :)

No problem.  I'm happy to help.

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Deena Burgess, Esq.
http://www.ebusinesslawgroup.com
Offering Affordable Legal Solutions for Online Businesses
Find me at Twitter and Linked In

Personal Blog - Being Anonymous (http://www.beinganonymous.com)