Real Lawyers Have Blogs : Law Blogs, Blawgs, Law Firm Marketing

Vickie Pynchon summarizes the 5 ways to reduce risk in the use of copyrighted materials by bloggers and citizen journalists.

The use of others' copyrighted work under the fair use doctrine is how we bloggers survive. But there are limits to what fair use allows us to use.

Vickie culled this handy list from a primer at the Citizen Media Law Project Blog.

• Use only as much of the copyrighted work as is necessary to accomplish your purpose or convey your message.
• Use the work in such a way that it is clear that your purpose is commentary, news reporting, or criticism.
• Add something new or beneficial (don't just copy it -- improve it!).
• If your source is nonfiction, limit your copying to the facts and data.
• Seek out Creative Commons or other freely licensed works when such substitutions can be made and respect the attribution requests in those works.

Understand that copyright protection applies to all works created by others. Even to a blog post I may write on a bar napkin. I don't need to put a fancy 'c' on it or file any sort of registration. Same applies to newspaper stories or photos from flickr.

Don't get freaked out about liability. If it wasn't for the New York Times or Washington Post, I'm not sure CNN would have anything to report. You'll regularly see them scroll a paragraph or two as to what one of the papers is reporting. It will be followed with short commentary from an 'expert.'

Same goes for small town TV and radio stations who borrow liberally from the local newspaper. Think of yourself as a blogger reporting on events, writings, and the law while adding insight and commentary.

If you don't have Vickie in your RSS feeds, you may wish to add her. She's a prolific, insightful, and entertaining blogger at her own Settle It Now blog and the IP ADR Blog at which she's a co-author.

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From Citizen Media Law Project.

CUNY Prof. Geanne Rosenberg has put up an online course for bloggers and media practitioners with the 10 things you need to know to stay out of court. As Jeff Jarvis, my source on this post, says it's quick, clear, easy, and fun with videos and quizzes.

The 10 rules to blog by:

1. Check your facts.
2. Avoid virtual vendettas.
3. Obey the law.
4. Weigh promises.
5. Reveal secrets selectively.
6. Consider what you copy.
7. Learn recording limits.
8. Don't abuse anonymity.
9. Shun conflicts of interest.
10. Seek legal advice.

Jeff also mentions Berkman Center at Harvard, who helped produced this course, is putting online a legal guide with information on such topics as setting up a publishing business.

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Knight Foundation and Knight Citizen News Network provide training to citizen journalists on the legal rights and responsibilities that go along with newsgathering and online publication.

Stanford Law Prof takes on the issues of copyright and corruption. Scoble says rumors are swirling that Lessig is planning on running for Congress.

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Reading blogs can be like reading your opponent's brief for the first time -- you're pretty certain you know that's not the law, but if you don't read the cases cited, it looks pretty nauseatingly right.

The US District Court in Idaho has decided that lawyers can copyright their demand letters. Bloggers won't be able to post cease and desist letters on their blogs if the lawyer remembered to include a valid copyright notice. Look forward to seeing more '©' on your legal correspondence.

When a ban is imposed in a criminal case, restricting the publication of the names of victims or accused criminals or details of the case, this applies to all forms of publication - including Internet sites like Facebook and blogs - not just media outlets.

Family Court judge orders retired minister to stop blog alleging state Department of Children, Youth and Families used 'bogus theory' to take a mother's two daughters from her.