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Blogging Battles: How to Handle Virtual Malice and Content Theft

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Blogging is hard as it is. You read everyday, write like your life depends on it, put your experience, thoughts, insights, and opinions into each blog post, not to mention back them up by research.

You’ve been marketing your blog and getting traffic in spades. Ever so slowly, your blog seems to be growing in popularity and reach. Your readers begin to engage with you, comments seem to be flowing in, and a community begins to develop.

All of that is good until you hit the point most bloggers dread: you also begin to receive malicious comments or hate mail. [Read more…]

5 Copyright Hazards to Avoid

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Most bloggers understand the importance and the value in creating original content. Most would be at least somewhat upset to their own writing used on other sites without permission or attribution and many actively track their work for misuse.

However, there is more to being a good copyright citizen than just writing your own content, quoting only what you need to in your entries and attributing your sources. Your blog is much more than just text and there are many copyright “hazards” that even well-intended bloggers can step in.

That’s why last year, almost to the day, I wrote an article about holiday copyright hazards for bloggers to avoid, But while the holidays are an especially dangerous time for copyright issues, they are a potential thorn in the side year around.

So with that in mind, here are five copyright hazards to avoid, regardless of the time of year. [Read more…]

UK Media Still Fails To Attribute Sources

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skysportsFor bloggers it can be a long and difficult road to reach success and occasionally come close to your subjects and conduct an interview with them. It was great to see that UK Manchester United blog Red Rants had the opportunity to run an exclusive interview with world star Nemanja Vidic. This would be the ultimate dream for many a sports blogger but things aren’t always as nice as they seem. Content theft often is an issue, especially when exclusive entries, interviews are scored.

Red Rants was no exception to this rule. Only some later, today, two main stream UK media outlets used the interview without attribution. Both published quotes of the interview without referring to the source. The Skysports article consist of more than 50% quotes. Surprisingly Skysports Terms and Conditions do NOT allow reproduction and even don’t mention Fair Use. [Read more…]

Copyright, Jurisdiction and You

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In copyright law, the big news is always made by cases such as the Jammie Thomas verdict, the Tenenbaum trial or even The Pirate Bay trial in Sweden. As importance as these cases are, their legal applicability to the average person is dubious, especially since the RIAA has stopped suing file sharers.

For the cases that could have a direct impact on your life, you often have to dig deeper. This is true for the case of Brayton Purcell LLP v. Recordon & Recordon, a seemingly dull case about two law firms in a dispute over content posted on their respective Web sites.

However a recent decision by the 9th Circuit Court of Appeals in the case, if upheld by other circuits or the Supreme Court, could have a drastic impact on the way copyright issues are litigated in the United States.

How big is the difference? The dissenting judge on the panel said the following, “Under the majority’s opinion, every website operator faces the potential that he will be hailed into far-away courts based upon allegations of intellectual property infringement, if he happens to know where the alleged owner of the property rights resides.”

In short, if you are accused of copyright infringement, it is no longer safe to assume that you would be sued in your own district, but rather that you could be forced to litigate in the plaintiff’s court, enduring the extra costs and expense that comes with it. [Read more…]