Friday, March 21, 2008

Journalism and the Law

I have always thought that, legally speaking, things are different between the internet and the regular world when it comes to writing. Apparently I was wrong. Things that journalists and bloggers should know:

Although copyrights should not get in the way of delivering the news, you should be cautious in your use of another person's intellectual property.

Be aware of the "Fair Use Doctrine"- it has four tests

1) nature or purpose of new work
2) nature of original work
3) amount of portion used from original work
4) what will be the effect on market value or profit on original work

Most courts will look at the list above in order to determine if a work is a protected "fair use."

Also...

Be aware that if you upload copyrighted material on sites like YouTube the site has to take your post down if the owner of the rights contacts them. If they give appropriate notice they are never liable.

The most important thing that a blogger should know is that when it comes to material that is not copyrighted, a blogger is fully responsible for any defamation that occurs in his or her blog. This means that the provider is immune from any and all liability.

This is really broken down to the most simple terms, but it is important to research and know the law before chancing getting into unnecessary trouble.

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