Tuesday, November 25, 2014

Copyright & Copyright Infringement Situations for Blogs

Before reading and participating in this post, please read the other blog posts on this blog to gain a better understanding of copyright law regarding blogging.Now that you've read through the blog posts on this blog

Situation 1:

Blogger A visit's Blogger B's blog and really likes a photograph on Blogger B's blog. Blogger A saves the photo to her computer and uses it in her blog post the following day. Blogger A does not communicate with Blogger B, does not give credit to Blogger B, and does not use the image for a reason that falls under fair use.

** Leave a comment with your thoughts on Situation 1

Situation 2:

Blogger C sees a sidebar element on Blogger D's blog that he really likes and thinks would look great on his own blog. Blogger D created the sidebar element and also went through the legal process of copyrighting his sidebar elements. Blogger C sends Blogger D an e-mail asking for permission to use the sidebar element on his own blog, and even promises to attribute credit for the element design to Blogger D on the bottom of Blogger C's blog. Blogger D responds quickly, giving permission to Blogger C to use the sidebar element. Blogger C adds Blogger D's sidebar element to the sidebar of his own blog after the email exchange.

**Leave a comment with your thoughts on Situation 2

Situation 3:

Blogger E is an elementary school teacher searching for some ideas about how to teach her students more about grammar. Blogger E stumbles upon a grammar blog written and operated by Blogger F. Blogger E leaves a comment on one of Blogger F's posts saying how great the blog is, and then Blogger E saves several of the posts (text and images) to her own computer. Blogger E then prints out the posts to share with her students the next day to teach them about grammar. Later that week, Blogger E posts the same text and images from Blogger F's blog on her own blog, and emails her students' parents with the link to her blog. In the email, she encourages parents to use the posts to review grammar information with their students at home. The following week, Blogger F clicks on Blogger E's comment, which leads back to Blogger E's blog. Blogger F scrolls down Blogger E's blog and eventually sees the posts (text and images) she originally posted on Blogger E's blog. Blogger F is furious and wants to sue Blogger E for copyright infringement.

**Leave a comment with your thoughts on Situation 3

Thanks for participating in this post and interacting with my blog!

Copyright Infringement on Blogs




Other people cannot legally use a copyrighted work without first gaining permission from the author or copyright holder of that work. If they use it without permission and it does not fall under fair use, they may be guilty of copyright infringement.


Copyright infringement involves the illegal or unapproved use of a copyrighted work by another, and this is also sometimes known as piracy. If copyright infringement occurs, the copyright holder can sue the accused for infringement and have their legal fees covered if the work has been registered as a copyright.

When it comes to blogging, copyright infringement occurs when someone uses copyrighted aspects of a blog without first gaining permission from the author or copyright holder of the work, when that work does not qualify for fair use.

If a blogger suspects another blogger or person has committed copyright infringement, he or she may notify the blogging platform (Blogger, WordPress, etc.), or may take more serious legal action. Copyright infringement is a serious charge that could require a court appearance, legal fees, and other inconveniences.

*Photo by me

Fair Use




Copyright is limited by time and also limited by Fair Use, or the public having access to use what someone has created if the use meets Fair Use guidelines. The 1976 Copyright Act’s section 107 deals with Fair Use and some areas that allow for Fair Use of copyrighted works are: “reproducing in copies; for the purpose of criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” (U.S. Copyright Office). None of these uses are considered copyright infringement.


Consider including “the purpose and character of the use (commercial or nonprofit educational purposes), the nature of the work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work” (U.S. Copyright Office).

References:

U.S. Copyright Office - Fair Use Act. Retrieved from http://www.copyright.gov/fls/fl102.html

*Photo by me

What can be copyrighted on a blog?




When it comes to blogs, just about every element of a published blog can be copyrighted. Bloggers can have copyrighted

  •  graphics
  •  text from blog posts
  • blog layouts (sidebars, headers, gadgets)
  • and photographs on blogs

I started my personal blog in 2012 and at that time I chose to copyright my blog's header/logo. However, under the copyright law, everything that an author publishes is automatically protected under copyright law. Yet, those who do not file for copyright protection and pay the $35 fee may not have the same benefits as others who fall under the automatic copyright protection.

*Photo by me, blog designed by me

Can you think of other aspects of blogs that can be copyrighted? Leave a comment below!

What is copyright law?




Copyright is a type of intellectual property and a legal right that provides the author of an original work the rights to that work’s distribution and use. The 1976 Copyright Act still acts as the guide to determine what categories of intellectual product can be protected under law (Herrington, 30).


The exclusive rights that a copyright holder has include the right to make copies of the work and sell those copies, the right to create derivative works, the right to display the work, the right to import or export the work, and the right to sell or transfer the aforementioned rights to another person(s).


References:

Herrington, TyAnna. Intellectual Property on Campus: Students' Rights and Responsibilities. SIU Press, 2010.

Photo taken by me