A Case Study In Accidental Copyright Violations Part 1 of 5
What Drives Your Blog? Original or Borrowed Content?
I am going to take you out of the Rain to Google. When it comes to researching about copyright violations, Lexus Nexus and Google are my best electronic friends. As a Paralegal, I pay thousands of dollars to access Lexus. Since Google is free, lets stick with the equal opportunity use search engines and the on-line clearinghouses available for you to conduct your own research to check the veracity of my statements.
I would like to bring your attention to the Chilling Effects Clearinghouse on-line samples. Have you heard of it? Have you visited this database? As a blogger you should. Start here at the KazaA complaint to Google. Read the entire link because I am not going to paraphrase it here for you and the Q&A section underneath is fabulous.
Sometimes you have to see things for yourself to understand why I say and write the things I do to you. If you knew what I knew about how bad a copyright violation could get you would, like I, hesitate to use third party works that you have no idea where they originated from.
I am not against third party providers, I am against people who do not watch their copyrights or check the veracity of the third party claims. Some third parties provide for academic use, others for commercial use. Some fly by nights steal other peoples work, make some quick on-line money, then disappear. Watch your licenses and use the material according to the rights provided for. If you don't have written permission or a licensing agreement you are leaving yourself wide open for a world of hurt if your blogging habits result in a copyright violation complaint being lodged against you.
Did you know if you accidentally accuse someone of a copyright violation and it's really "Fair Use Doctrine" material they can get damages from you, possibly into the six figure realm? Here's an example of what I am talking about: http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/
Here's an interesting warning I shall quote from Google to make Blogspot bloggers think: "Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights." http://www.google.com/blogger_dmca.html
Creating original works can keep you out of trouble and possibly bankruptcy court (if you lose after getting caught). Why is my picture blurry on this post? Because I want you to get it out of your head that it has to be perfect. You can shoot a picture of anything and make it interesting if you just try... BTW, my three year old took several pictures in our garage of my neighbor's bike while Mama stood there smiling. You people telling me you can't take a friggin' picture yourselves? Seriously? He was hanging off of me trying to get the camera back while I shot a few. It was great. We had fun. Took two minutes. You don't have two minutes to invest in your blog by whipping out a camera and shooting whatever you see???
Do you know your ActiveRain community rules? Do you understand they assist in copyright violation investigations? Do you want to go to another social media spot and acquire photographs from people you do not know who may not even own the rights to those photographs? My kids supposedly made it to a photostock company that supposedly sold their pictures to a third party. They changed their tune when I said I was their Mama, there was no model release and fax me the receipts.
People lie. Can you afford to pay $100,000 if that social media account mysteriously closes down and you have no receipt or written permission from the "owner," just the picture you are accused of stealing sitting on your blog?
Disclaimer: Any comments and contributions provided on ActiveRain.com (or other electronic or print media) does not establish an agency relationship with any third party. Blog posts are intended to be informational only. Please be advised that real estate practices vary in regions and from state to state and market to market. The information contained herein does not constitute legal advice. All parties in need of legal, accounting, tax, or real estate guidance are directed to consult with the licensed professional of their choice. Please seek specific guidance from a retained professional in the specific field(s) required to service your interests. I and/or team blog writers make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites inclusive of but not limited to CarolynTannStarr.com MySpace/TannStarr 46486 NY Working Moms Examiner ActiveRain Group Club Chaos ClubChaosAgents.com CyberMinions.net CTannStarr Outside Blog CTannStarr Localism Blog TannStarr.net UberMental.com
© Carolyn Tann-Starr, 2008-2015. Unauthorized use and/or duplication of this material without express and written permission from the re-blog authors (when appropriate)and Carolyn Tann-Starr is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Carolyn Tann-Starr, (the re-blog authors when appropriate) and Wordy C's Blog with appropriate and specific direction to the original content.