1. Bus$ng
Myths:
Blogging
and
Intellectual
Property
Mark
J.
Pa;erson
Waddey
&
Pa;erson,
P.C.

2. The
Fair
Use
Myth
• Fair
use
of
a
copyrighted
work
–
e.g.,
cri$cism,
comment,
news
repor$ng,
teaching,
scholarship,
or
research,
is
not
an
infringement.
• Fair
use
factors
to
be
considered
shall
include:
• the
purpose
and
character
of
the
use,
including
whether
such
use
is
of
a
commercial
nature;
• the
amount
copied
in
rela$on
to
the
copyrighted
work
as
a
whole
• the
effect
of
the
use
upon
the
poten$al
market
for
or
value
of
the
copyrighted
work.
.

3. The
Fair
Use
Myth
[Copy
of
another
author s
en$re
ar$cle
with
link]
Blogger s
fair
use
commentary:
Can
you
believe
this?
I
disagree!

4. The
Fair
Use
Myth
Hot
off
my
piece
on
how
pos$ng
online
can
harm
your
job
prospects
is
this
ar$cle
which
says
it
can
also
mess
up
your
chances
of
geRng
an
insurance
claim
filled.
The
details:
Your
friends
aren't
the
only
ones
interested
in
what
you're
saying
on
Facebook
and
Twi;er.
Insurance
companies
are
exploring
how
to
use
social
media
to
learn
more
about
you.
Does
that
mean
your
car
insurance
rates
will
go
up
if
you
post
about
your
interest
in
drag
racing?
Will
your
home
insurance
premium
rise
if
you
tweet
about
your
vaca$on
and
let
everyone
know
that
no
one's
home?
No
-­‐-­‐
not
yet,
anyway.
But
insurance
companies
already
check
social
media
sites
to
inves$gate
suspicious
or
expensive
claims.
And
technology
companies
are
building
tools
that
will
help
insurers
mine
social
media
data
to
improve
marke$ng
and
perhaps
one
day
help
price
policies.

5. The
Fair
Use
Myth
There's
not
much
cause
for
worry
now
(the
insurance
companies
are
trying
to
figure
out
how
to
find
the
informa$on),
but
it
could
be
in
the
future:
With
millions
of
such
car
insurance
and
home
insurance
claims
filed
each
year,
"insurers
can't
check
everybody's
Facebook
page,"
says
Peter
Foley,
vice
president
for
claims
administra$on
for
the
American
Insurance
Associa$on.
"It's
not
a
very
effec$ve
tool."
But
they
may
check
social
media
sites
if
there
are
signs
of
fraud,
he
says.
"It's
now
common
prac$ce
to
use
social
media
for
inves$ga$ng
suspect
claims,"
says
Craig
BeaRe,
a
London-­‐based
insurance
analyst
for
Celent,
a
research
and
consul$ng
firm.
So,
the
lesson
here
is
that
if
you're
trying
to
rip
off
your
insurance
company,
don't
post
it
on
Facebook.
No,
wait,
that's
not
the
lesson.
The
lesson
is
actually
the
same
as
the
previous
conclusion
when
we
discussed
careers:
BE
CAREFUL
WHAT
YOU
POST
ONLINE.
Assume
everyone
can
see
(or
find)
what
you
post
and
consider
this
before
you
comment,
submit
photos,
and
the
like.

6. The
I
Gave
Credit
Myth
• Rules
apply
equally
to
all
content
-­‐
videos,
images,
and
text
• Don t
rely
on
lack
of
copyright
no$ce
• A;ribu$on
and
links
are
nice
but
……..

7. Clueless
About
Copyright
Dear
[Awesome
Journalist
Blogger]:
I
discovered
this
evening
that
you
have
copied
the
en$re
content
of
my
ar$cle
"Eight
Baby
Boomer
Money
Mistakes
You
Should
Avoid."
This
was
published
first
on
my
blog
Tough
Money
Love.
I
also
gave
Karen
Datko
at
the
Smart
Spending
blog
permission
to
use
it.
You
have
neither
requested
nor
obtained
permission
to
use
it.
Please
explain
ASAP.

8. Clueless
About
Copyright
Mr.
Pa;erson,
Clearly,
you
are
not
familiar
with
the
interac$ve
online
world
of
sharing,
where
one
blog
builds
audience
through
connec$ons
with
another
blog
and
thus,
grows
audience.
You
did
not
"discover"
the
link
to
[My
Awesome
Blog]
because
we
openly
linked
to
your
blog
and
included
a
permalink
which
would
help
grow
your
audience.
[My
Awesome
Blog]
has
a
much
larger
audience
than
your
site.
Furthermore,
we
are
not
one
of
your
children
to
bully
so
we
do
not
owe
you
an
explana$on.
We
have
completely
removed
the
story
so
you
may
be
content
in
living
alone
on
your
li;le
island,
completely
clueless
about
the
world
around
you.

9. Clueless
About
Copyright
Mr.
[Awesome
Journalist
Blogger]:
I
am
quite
familiar
with
the
ways
of
the
blogosphere.
I
enjoy
and
appreciate
links
to
my
site
and
my
ar$cles
from
other
bloggers.
Some$mes
por$ons
of
what
I
write
are
quoted
with
a;ribu$on
in
the
context
of
another
blogger's
original
wri$ng.
However,
one
prac$ce
that
I
know
is
not
tolerated
is
wholesale
copying
and
publishing
of
another
blogger's
en$re
post
without
permission.
That
is
what
you
did
which
is
quite
surprising
because
I
am
a
regular
reader
of
content
on
your
site.
Indeed,
imagine
my
surprise
when
my
en$re
ar$cle
appeared
in
my
feed
reader
from
your
feed.
Google
frowns
on
this
ac$vity
as
well,
both
with
duplicate
content
penal$es
in
its
search
engine
and
as
a
viola$on
of
terms
of
its
Adsense
service.

10. Clueless
About
Copyright
Mr.
[Awesome
Journalist
Blogger]:
(cont d)
Surely
you
also
know
that
publica$on
of
another's
work
in
that
manner
is
copyright
infringement.
If
you
didn't
know
that,
perhaps
you
should
consult
an
IP
a;orney.
I
can
refer
you
to
one
since
that
is
what
I
do
in
my
day
job.
I
am
sorry
that
you
consider
my
gentle
contact
with
you
to
be
bullying.
It
could
have
been
a
lot
worse.
Given
your
surprisingly
hos$le
aRtude
in
response
to
my
contact,
next
$me
it
will
be.
Anyway,
thanks
for
promptly
removing
my
content.
If
you
would
ever
like
to
re-­‐publish
any
of
my
wri$ng
or
would
like
me
to
submit
an
original
piece
for
you
to
publish,
feel
free
to
contact
me.

11. Clueless
About
Copyright
Mr.
Pa;erson:
Don't
preach
to
the
guy
who
has
wri;en
a
leading
book
on
social
media
and
blogging
protocol,
especially
when
you
are
just
making
up
stuff.
Proper
credit,
links
and
permalinks
were
given.
That's
how
you
"discovered"
the
link.
And,
don't
ra;le
around
things
like
"copyright
infringement,"
when
credit
has
been
given.
By
the
way,
if
you
want
to
internalize
and
protect
your
material,
you
need
to
so
specify.
Your
manner
was
neither
polite
nor
"gentle"
in
demanding
"explain
ASAP."
We
will
never
reference
your
blog
again
so
live
in
peace.

12. Clueless
About
Copyright
Mr.
[Awesome
Blogger]:
Let
me
give
you
some
free
advice
before
we
go
our
separate
ways
and
before
you
get
yourself
in
more
trouble.
Copying
with
credit
is
not
a
defense
to
copyright
infringement.
Moreover,
although
use
of
a
copyright
no$ce
is
not
required
under
the
law,
you
will
find
such
a
no$ce
in
the
footer
on
each
page
of
my
blog.

13. Clueless
About
Copyright
Go
bully
your
kids,
not
people
who
repost
your
material
as
a
courtesy.
We
have
taken
a
close
look
into
how
material
from
your
blog
was
posted
on
our
blog.
The
ar$cle
in
ques$on
was
delivered
by
Google
Alerts.
Google
delivers
what
are
called
permalinks
of
news
stories.
We
thought
your
material
was
of
interest
and
posted
it,
carefully
and
prominently
a;ribu$ng
the
source
and
providing
links
back
to
your
blog,
called
Trackbacks.

14. Clueless
About
Copyright
We
have
taken
a
close
look
into
how
material
from
your
blog
was
posted
on
our
blog.
The
ar$cle
in
ques$on
was
delivered
by
Google
Alerts.
Google
delivers
what
are
called
permalinks
of
news
stories.
We
thought
your
material
was
of
interest
and
posted
it,
carefully
and
prominently
a;ribu$ng
the
source
and
providing
links
back
to
your
blog,
called
Trackbacks.

15. Clueless
About
Copyright
In
nearly
ten
years
online
with
our
site
and
pos$ng
thousands
of
stories,
we
have
never
before
had
any
objec$on
because
most
people
like
the
publicity,
and
sharing
material
is
the
style
of
Web
2.0.
Nonetheless,
we
sincerely
apologize
for
any
aggrava$on
caused
to
you.
When
we
read
your
email
this
morning,
the
piece
was
immediately
removed
completely.
We
might
respecjully
suggest
that
you
deac$vate
the
permalink
func$on
from
your
blog
because
it
is
simply
promotes
your
blog
pos$ngs
through
Google
and
other
search
engines.
We
also
note
that
you
are
using
Google
Analy$cs,
which
aside
from
providing
you
with
traffic
informa$on,
is
Google's
method
for
broadcas$ng
each
and
every
one
of
your
pos$ngs
to
the
blogosphere.

16. The
Corporate
Shield
Myth
• Corpora$ons
and
LLCs
can
protect
you
but
not
against
all
IP
liabili$es
• Piercing
the
corporate
veil
• Liability
for
personal
ac$ons
–
contributory
or
inducing
infringement

17. The
Branding
Myth
• Publishing
is
a
service
than
can
and
should
branded
• Your
brand
can
easily
be
protected
by
trademark
law
–
if
the
rules
are
followed
• Brand
extensions
–
books,
downloads,
product
licensing,
speaking
engagements
• Valuing
your
blog
can
mean
much
more
than
content
or
Page
Rank

19. For
more
informa$on:
Mark
J.
Pa;erson
Waddey
&
Pa;erson,
P.C.
www.iplawgroup.com
mjp@iplawgroup.com
Toughmoneylove.com
GotoRe$rement.com
©
2011
Waddey
&
Pa;erson,
P.C.