Welcome to WebProNews Breaking eBusiness and Search News
Advertise | Newsletter | Sitemap | News Feeds News Feed 
 WebProNews Search Part of the iEntry network iEntry inc. 

Lawyers Meet Syndication

David A. Utter
Staff Writer
Published: 2006-05-17

WebProNews RSS Feed


Issues of copyright, collaboration, and fair use have become more of a concern, and the lawyers at the Syndicate Conference panel, "The Legalities of Blogging," acknowledged they are the bad news on the flip side of syndication's good news.

Editor's Note: Discuss the copyright issues facing bloggers and syndication alike at SyndicationPro.


How many lawyers does it take to fix a computer so they can give a presentation? WebProNews publisher Rich Ord noted the panel's response to this was "four," as they exorcised the dark angel of demos from their hardware before discussing the important issues of blogging and the law.

"Battles are being fought and new rules considered," said David Smallman of Frankfurt Kurnit Klein & Selz, PC. "We are looking at Creative Commons, fair use, the universal declaration of human rights, libel, the Digital Millennium Copyright Act and more.

"But for now the fundamental rules apply." Smallman noted his firm plans to publish a handbook online about the legal issues of syndication.

Brian Murphy from the same firm said it is important to recognize that the law is always trying to catch up to technology.

"Generally speaking, a copyrighted work may not be used or copied - in whole or in part - without permission...subject to a few exceptions. You almost always have to ask for permission," he said.

The federal government is an exception to that, so bloggers can feel free to appropriate from it.

Fair use came up in the conversation, and Murphy listed some of the factors surrounding that:

1. purpose and character of use
2. nature of copyrighted work
3. amount and substantiality of portion used relative to entire copyrighted work
4. effect of use upon potential market and value of copyrighted work.

Written agreements will be important. Murphy said he would have no idea how to respond to a question from a client who wants to use a work created collaboratively by 17 people with no agreement in place.

Rich Ord asked the panel about fair use and full-text feeds: "If a blogger or publisher offers a full text RSS feed are they in effect giving consent for others to republish their content?" and provided us with the ensuing discussion:

Julie Fenster, Vice President and General Counsel for Waterfront Media, Inc, answered that at first that if they offer a full text feed they are giving consent ... but it is subject to fair use ... so they can on an individual basis take it away. A series of follow-up questions came from myself and the audience, and Julie backed away from this statement somewhat. David stated that the more conservative courts may eventually rule a much tighter standard that would lean toward protecting RSS feeds from being reused.

Chad Milton, SVP National Practice Leader, Media & Intellectual Property, Marsh, touched on the issue of indemnity for media and intellectual property. The size of the company matters to the insurers.

Small firms may find the pace insurers take in deciding to sell insurance against such claims could be a leisurely one; the insurance companies don't know just what they are getting into yet.



---
Tags: ,

Add to | DiggThis | Yahoo! My Web | Furl It

Bookmark WebProNews -



Receive Our Daily Email of Breaking eBusiness News


About the Author:
David Utter is a staff writer for WebProNews covering technology and business.

WebProNews RSS Feed

More Top News Articles

Contact WebProNews
Advertisement





TOP NEWS

Targeted Information for Business
WebProNews is part of the iEntry network

Internet Business: Marketing: Small Business:
WebProNews MarketingNewz SmallBusinessNewz
WebProWorld AdvertisingDay PromoteNews
EcommNewz SalesNewz EntrepreneurNewz

Software: Search Engines: Web Design:
WebMasterFree Jayde B2B DesignNewz
NetworkingFiles SearchZA FlashNewz
SecurityConfig SearchNewz WebSiteNotes

Developer: IT Management: Security:
DevWebPro ITManagement SecurityProNews
DevNewz SysAdminNews SecurityConfig
TheDevWeb NetworkingFiles NetworkNewz

The iEntry Network consists of over 100 web publications reaching millions of Internet Professionals. Contact us to advertise.
eBUSINESS RESOURCES






 Advertise | Contact Us | Corporate | Newsletter | Sitemap | Submit an Article | News Feeds
 WebProNews is an iEntry, Inc. ® publication - $line) { echo $line ; } ?> All Rights Reserved
About WebProNews
WebProNews is the number one source for eBusiness News. Over 5 million eBusiness professionals read WebProNews and other iEntry business and tech publications.

WebProNews provides real-time coverage of internet business.

Free Email Newsletters:
WebProNews SearchNewz
WebProWorld DevWebPro
Marketing SecurityNews
Plus over 100 other newsletters!

Send me relevant info on products and services.


WebProWorld
Ten most recent posts.

NetworkingFiles
Featured Software

WebProNews in the News
View all recent mentions of WebProNews from around the world!

Recent Articles On ...
Google eBusiness
Yahoo Ask Jeeves
MSN Blogs
Search Engines Blogging
Affiliate Programs Marketing
eCommerce Advertising
eBay Sun Microsystems
AOL Adsense
Microsoft Adwords
Oracle IBM
Amazon Apple
SEM Mac
SEO iPod
Adsense XBox
PR Adobe



iEntry.com WebProWorld RSS Feed WebProWorld Contact WebProNews Print Version Email a friend Bookmark us