The 5 most common mistakes made by bloggers which can lead to lawsuits, and how to avoid them. Topics covered are legal pitfalls in: Written Content, Images, Video, Product Reviews, Product Sales.
We’ll be getting started around 9:50am PST.
DISCLAIMER: The following is not and should not be considered, legal advice of any kind. If you require legal advice, you should advise a lawyer.
that’s a wrap!
Lizelle asks “who might want to sue from this video?”
Everyone: using their likeness, the directors (the people who created it), the music creators, and plenty more.
[Lizelle showing a video]
Copying content is still copyright infringement.
Excerpts can be more acceptable.
Just because something comes from a trusted third-party like CNN, does that make you any less liable? No way, you’re still liable for the accuracy of the statement.
If you’re posting a statement, you must make sure it’s true. If it’s not, it is called defamation.
[A good example of this is TechCrunch's Mike Arrington.]
Lizelle talking about “breaking news” and the legal aspect.
Audience: “is it a good idea to get permission to use a photo, even if your’e not using it in a commercial setting?”
Lizelle: Yes, it’s always a good idea, in any circumstance.
Commercial Appropriation and Use of Name or Likeness.
If your face or likeness is being used in a photo/image, you may be entitled to royalties for using your likeness.
Audience: “If I want to review a hotel and I want to use their image, do I need to contact the hotel or the photographer?”
Lizelle: Good question, likely you need to contact the hotel, but it really depends on the copyright owner of the photo/image, generally they would do something photography for hire and the hotel would retain the rights to the photos.
Interesting audience question about iframe usage and when a third-party is infringing, does that mean I’m infringing?
Yes, you’re still liable.
Audience: “does taking images from Google Images help protect you at all”
Lizelle: No way, always get permission.
it’s up to the owner, make a big deal or not, out of something.
Be careful, for that one person that wants to get paid for copyright usage.
“fair use” is still limited, and can only use bare minimum for what is necessary
Comment infringement, use without permission…one way to kind of getting out of it, is “fair use exception” .. in regards to a “commentary”
News report, educational use of it
2 things you always want to ask yourself.
Who created it?
Who or what is in it?
What about Pinterest? Photos being posted, is it less legal?
Attribute. Who created it?
How is the average viewing supposed to know who took the photo?
Talking about taking a photo, using a photo from someone else…”copyright infringement” is very broad.
Raise of hands of people that have websites?
How about that posts photos?
Photos you don’t own?
[hands go up]