Before I begin here, I should briefly register the circumstances under which this post is being written. I am currently 'on location'. When I arrived, I discovered that I had forgotten my power supply. So, as I write, I am carefully watching the rapidly sinking battery indicator, hoping to finish before the machine dies.
I have been looking around at blogs for quite a while now. There seem to be so very many of them. Some blogs are of interest, many are not. The few that I really like It link to. In all this blog watching though, certain trends have become apparent. One of these trends is the apparently formulaic nature of so many blog postings. Indeed, recently this propensity was hilariously parodied by
The G Bitch, with her
Instant Blog Post Template. The kind of post sent up here I try and avoid, as this type of post is ultimately boring. If I do not have anything to say, I don't post. Simple as that. It seems that other people should try doing likewise.
Another worrying trend I have noticed though is the way that bloggers have little regard for copyright. Although I have slightly transgressed on this front, or played close to the edge
once, or
twice, as a general rule, I try and respect copyright holders. It seems that I am in a minority in this respect.
There are a couple of common copyright transgressions found on blogs. The first of these concerns pictures. Many bloggers seem to believe that it is just fine to copy any old image onto their blogs, if they can find the image with a quick
Google image search. Images are subject to copyright! Another common copyright transgression concerns poetry and text. Some bloggers seem addicted to posting entire poems onto their blog space. Sometimes they provide a link to the source. Other times they do not. Of course, texts too are subject to copyright and permission is needed for texts to be used by a person who is not the copyright holder.
Given the recent aggressive tactics of outfits like the RIAA against people who share music on-line, it is quite surprising that bloggers seem to pay so little attention to copyright law. So, what I will attempt to do in the rest of this post is offer a brief overview of regulations that govern the use of copyrighted material.
What kinds of things are subject to Copyright? The short answer to this question is 'almost everything'. Some texts which are old (over about 75 years -- the exact length, depends upon the country) will be out of copyright, but it is better to presume that most texts and almost all photographs are subject to copyright.
There is no copyright symbol on the web page where I found this text, does that mean it is not subject to copyright? The answer to this question is simply 'No'. It is not necessary for a copyright symbol to be attached to a text or an image for it to be subject to copyright. In addition, it is an additional offence to remove the copyright symbol from a text, even when you are reposting it.
If I just use the text/image on my blog, isn't this what they call 'fair use'? Once again, the answer is 'No'. The doctrine of 'fair use' permits the use of texts for certain purposes, such as scholarly study. However, there are some quite strong limits on 'fair use'. For instance, if more than ten percent of a text is used, then in most cases, it will not be a case of fair use. More importantly though, 'fair use' is not a right, rather it is a defense that can be raised against a claim of copyright infringement. In other words, 'fair use' only really comes into play when a copyright holder has launched a court action. As this will require you to hire lawyers, etc. it is generally not a good idea to appeal to 'fair use'.
If I use something on my blog, will anybody ever notice, or really care? Although there may be a germ of truth in the intuition behind this question, it is not something that should be relied upon. After all, if a copyright enforcement suit is filed against you, the process will be long and expensive. In other words, by using copyrighted material, without permission, a person is taking a very big risk. More importantly though is the fact that copyright holders are getting more and more aggressive about defending their rights. Thus, if you post something which contains copyrighted material today, it may be several months, or even years before the copyright holder comes after you. However, as more content gets bought up by large corporate entities, it becomes increasingly likely that you may find a legal action filed against you.
So, is there any way I can give my readers access to copyrighted materials? The answer here is 'Yes'. If you find the material you are interested in discussing on a web site, including a link to that web site on your blog is perfectly legitimate (at least in most cases).
Is there any other good news about copyright for bloggers? In fact,there is some good news. Everything posted to a blog is also subject to copyright. The copyright is held by the writer. So, by blogging (assuming that what you write is original text) you are creating copyrighted material.
Now, these suggestions are only guidelines. I am not a lawyer, so they should not be taken as the final word on these matters. But the moral here should be very clear -
Don't just copy other people's work into your blog!In fact, there is a final point to be made here. If you find it necessary to fill your blog with the work of others, why are you blogging at all? You might be better off just putting up a links page. It is much more impressive to be able to fill your blog with original, insightful text, than with text and images belonging to others. Indeed, some bloggers seem to think that they can make themselves appear learned and erudite, by reproducing the work of others. This impression is simply misguided. Really, even in the blog arena, posting the work of others amounts to something close to plagiarism. For these reasons then, it should be avoided.
The CP
Useful Links Concerning CopyrightA Copyright QuickguideA Canadian Copyright Guide A Copyright Guide for Students (UK) (N.B. .pdf format)
U.S. Copyright Law