Andy Sellars from the Citizen Media Law Project gave a great short course on legal issues that concern online publishers. A few highlights…
The Citizen Media Law Project and the Online Media Legal Network is a resource for online journalists and digital creators.
They provide training, resources, research and legal assistance for online journalists and digital creators.
- Website code is copyright protected
- Something is copyrighted as soon as a worked is fixed in a tangible medium of expression
- Facts are not protected by copyright-no one owns facts
There are four factors that are used to determine fair use.
- Purpose, transformativeness and character of use*
- Nature of the underlying work
- Amount and substantially taken
- Effect on the market for the original work*
*90% of cases get decided based on these two factor.
Context matters when it comes to transformativeness:
When a work is used in a news context and than is used again in a news context = NOT fair use
When a work is used in an atheistic context and is than used in a news context = that IS fair use
Fifth fair use factor = The judge in the case. They can be an influence
Every state is different when it comes to defamation law-be aware of your states defamation laws
Context matters when determining defamation
Creative Commons is not a replacement for copyright protection
Remember your J-school training when it comes to copyright defamation and liability
- Incorporate your business