Intellectual Property Law

Should blogs be regarded as intellectual property? Should they be so legally protected?

It would be an understatement to say that blogs are “popular” or “common.” A phenomenon is the correct word. I have one. Who else here? Raise your hands. And now there is talk of blogs actually being worth money. If it’s a special blog, or one that has a lot of hits, one which is popular with many people – its something that is worth $$$ and many would be considering to buy. But because blog contents are almost like public property – so commonly read and easily accessible by people – those who see a successful blog will be tempted to want to copy it. And I see this almost as infringement of intellectual property. Should blogs be regarded as intellectual property? Are there laws around the world which regulate this issue? So far, as I understand, Australia doesn’t have laws which deal with blogs specifically, only general internet content. What the deuce?! Why should I have to pay for using my own image? i ♥ ♀ & $ - its part of my 360 page which you'll find the link to in my profile. Its worth $0.00 last time I checked. Gnu - I would blame the Australian law schools who refer to this area of law as IP more than Copyright issues. They corrupted me!

Public Comments

  1. blogs are open to anyone on the net, who looks for them, you can not protect them one way or the other. They are open to millions of people.
  2. maybe publishable...but not copywritten.
  3. Well, Stewie....just as soon as YOU start paying the owner of that image of you for using it in a public forum without paying them, I'm sure we can revisit this issue!
  4. If you went that route, then you have to also consider text messaging, IMs and all that stuff. Blogs were meant to be read openly, and if someone is lucky enough to make money from it then they deal specifically with the legal ramifications then.
  5. Under US law blogs are protected by copywrite laws. You still wrote the material, the way it is "published" is the only thing that has changed. I would add a note about the information being copyrighted material. There are standard legal statements out there on some websites you can copy....lawyers use the same phrases over and over that will stand up in court....these aren't copyrighted statements. You will also have proof of when you posted the info on most blogs...as long as the blog is still on line or if you print it out. Just because something is easily accessible does NOT mean you have rights to infringe on the creators. Some people think all these free bloggers could eventually eliminate a lot of paid writing jobs. It will probably reduce the salaries. Why do you think the writers on TV are on strike? The only way to make money is if you can sell some ads...but the competition is high and getting tougher all of the time. In any industry, when people start lowering their fees, they undercut the whole industry. This is not to say we don't have the right to express ourselves...freedom of speech, etc....it's just the reality of how new world technology is changing the way "news" is reported to the world. Everyone can be a reporter...who's going to have time to read all this stuff? You have to weed through it. Your family and a few friends aren't going to pay you, and that's not a big enough audience to sell ads. We have to respect other people's rights....or lose ours. copyrighted 2008
  6. Sure. I think people should be able to legally protect blogs, since it's their property. Just like people can protect houses. I have my own blog that you can see here: http://iblognews.wordpress.com/ Mine is only worth $2,258.16 right now. (Although I've only had it since end of October.) I don't really care if someone copies my stuff. It's all well and good to me. I think you should this forum thread on copyrights and blogs: http://en.forums.wordpress.com/topic.php?id=9059&page&replies=15 What's your blog address? ;) EDIT: You should read this: http://eff.org/bloggers It's concerning bloggers' rights. P.S. Your blog is worth $0.00 because it's not really a blog but a Yahoo! profile. If you really want a blog, use WordPress.com. (http://wordpress.com/ )
  7. I believe that blogs are indeed intellectual property, and their posting and distribution on the net is the equivalent to a TV show being broadcast. There is not a whole lot that you can do about people with TiVo, and VCR's, and I do not believe that there is any danger of a corporation stealing anyone's rant. Therefore I think that the threats for intellectual property infringement would be few and far between...and probably up to the original blogger to enforce. Considering the prevalence of movie pirating, and music copying, I do not feel that I have much of a chance to stop anyone from stealing my blog. I would just hope that they read it as they copy it, and realize that there is more to life than this keyboard.
  8. Yes, as I understand it the content of blogs, like books and pictures, are generally copyrights under 'intellectual property' laws although the precise details may vary from land to land. In practice, though, the benefit of having such protection is generally limited to big business since its resources will vastly outweigh those of individuals who could easily find themselves bankrupted by going to law. I'm not really at ease with the way copyright laws are couched at present. It is right and proper that creators of works should have some form of protection but in effect often represent the 'dark side' of capitalism. You and I will do a job of work and be paid a wage or salary and that's it. We don't get paid over and over again for that same job of work. Take the endless repeats of films and TV programmes and even music. The copyright holder or his assignees get a big cut every time for x number of years (generally 50 years) until the rights pass into the public domain.
  9. I see no reason whatsoever that copyright ought not to be applicable to blogs (though the terms of service of the provider of the web space may shift some rights to them). Whether this is enforceable and whether it is possible to demonstrate that the work originated with the putative author is another matter and copyright generally is facing increasing difficulties with information technology, but I see nothing legally special about blogs. However, I should spank your bum for using "intellectual property", a propagandistic term used by media companies and the like in order to further blur public perception of the differences between copyright, trademark, patent, et al, and to insinuate into people's minds that the temporary legal monopolies that the government grants people over the dissemination and utilization of ideas is in ANY way comparable to "property" in the traditional sense, either as a practical matter or in the sense that (physical) property has been understood as a natural right. Copyright, et al, have always been understood as a trade-off in social policy, one that was appropriate so long as it benefited the general welfare, never as an inalienable right!
  10. The world wide web got too big, too fast for any average person to be able to safeguard his rights. If you don't want it stolen don't leave it out in the yard. Re: Gnu's post. I'm sorry, after reading about "bum spanking" I am having a hard time keeping my focus. Now, if his line is intellectual property would my reference to it be an infringement? If not here, then where and how? It is too late. C. :)!!
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