Tuesday, July 19, 2005

Copyright and Ownership Issues for Blogs

Hello all,
Recently someone had brought up the issue of "what the company you work for owns" in terms of "the work you do." My team member Anne forwarded me this very interesting post on her Bus-Lib listserv about blogs, intellectual property rights and copyrights. I think its valuable for us bloggers to know some of this.

The Editorial by Lesley Ellen Harris in Volume 2005,
Issue 1, The Copyright & New Media Law Newsletter,
deals with copyright ownership in blogs - it is
reproduced below. For further information on this
print newsletter, see www.copyrightlaws.com www.copyrightlaws.com/>.

Editorial - Copyright Ownership in Blogs

The Internet continually forces us to test the
application and flexibility of current copyright law
to new modes of communications and media. The Internet
has already spawned debate and lawsuits about
hyper-linking, P2P file sharing, and the removal of
copyright management information and technological
protections. A newer Internet activity, blogging
resulting in Weblogs, is now being discussed in the
copyright arena. A blog is basically a stream of
consciousness discussion available to the public at
large. Individuals keep these blogs on every topic
imaginable. Blogs are original material, and once they
are fixed in some form, saved digitally or in a print
out, they are protected by copyright in most countries
around the world. In fact, they would be protected for
50 to 70 years after an author's death - much beyond
the life of any blog itself.

Blogs are becoming more popular amongst professionals,
and certain employees are even encouraged to create
blogs based on their work. This raises interesting
issues concerning copyright ownership in the blogs. If
an organization requires blogging as part of the
duties of an individual, it is likely that the
employer owns the content in the blog, just like the
employer owns other copyright-protected works created
by that employee in the course of employment.

However, if the blog is initiated by an individual
though it may discuss work-related issues, outside the
scope of his employment, who owns the content in the
blog? This is comparable to the situation where a
professor writes a book related to, but outside the
duties, of his instruction. This is often a gray issue
in the academic world. University policies that
specifically deal with such issues can help clarify
the situation. Also, a professor approaching his
university prior to writing the book, may be able to
clarify the situation, prior to a confrontation.

Many companies have yet to develop Weblog Policies,
similar to their other integral policies. Thus,
employees who discuss work-related activities are
generally held to the rule of "good taste" in their
discussions, and of course, not spewing any
confidential information. As is the case with many
Internet-related activities, would a written Weblog
Policy contradict the free flowing nature of
information in a blog, and perhaps weaken the
effectiveness of these blogs?

With ownership comes the issue of who may authorize
reproduction of the content in a blog. Generally, only
the owner may authorize others to reproduce a work.
Would this be an organization or an individual? Or
should the whole notion of obtaining permission in
relation to blog content be mute, since the whole
point of the blog is for as many people as possible to
access and read it? The blogs by Sun Microsystems
employees at blogs.sun.com take what I call a
compromise position. These blogs are subject to a
Creative Commons License. Thus, the blogs are
protected by copyright, however the rights are
conveniently set out in a hyper-linked license and are
broader than those rights attached to most
copyright-protected works.

To date, there are no lawsuits relating to ownership,
reproduction or re-distribution of the content of
blogs. This in itself may be helpful for organizations
and individuals who are determining "policies" in this
area. And for those bloggers who want their content
read as widely as possible, they are free to put a
statement on their blogs to the effect that the
content may be freely used without permission.

6 comments:

bcfb08btrs said...

St0ck For Your Review - FCPG

Current Profile
Faceprint Global Solutions (FCPG)
Current Price $0.15


A U.S. based-company dedicated to the goal of
bringing effective security solutions to the marketplace.

With violent and white-collar terrorism on the rise,
companies are starving for innovative security solutions.

FCPG is set to bring hot new security solutions to
the industry, with currently over 40 governmental and
non-governmental contracts, being negotiated.

Please Review Exactly What this Company Does.

Why consider Faceprint Global Solutions (FCPG)?

Faceprint Global Solutions (FCPG) holds the exclusive
marketing rights from Keyvelop, to sell the world�s
leading encryption technology to be distributed directly
to the Healthcare industry in North America.

Faceprint Global Solutions has completed its biometric
software that recognizes facial features of individuals
entering and leaving through airports, ship yards, banks,
large buildings, etc.

FCPG acquired Montreal-based Apometrix Technologies,
which enhances the companies mission of being a
full-service provider to the multi-application smart
card industry. The North American market appears ready
for significant expansion of price-competitive, proven,
multi-application solutions on smart cards. Apometrix's
forecast of over 300 customers and sales of more than $50
million in North America over the next five years, appears
very realistic, according to company management.

Faceprint Global Solutions is currently in contract negotiations
with over 40 governmental agencies and businesses seeking to use
their encryption, biometric, and smart-card technologies.

Breaking News for Faceprint Global Solutions (FCPG)

Faceprint Global Solutions (FCPG) is pleased to announce that
IBM will now offer the world�s leading encryption software to
its major Healthcare clients in North America.

With FCPG owning the exclusive North American rights to distribute
the worlds leading encryption and transmission software developed by
Keyvelop, FCPG is poised to capture large volumes of sales generated
by customers currently using IBM�s software in the healthcare and other industries.
�This is a very positive move for FCPG and for Keyvelop,� said FCPG
CEO Pierre Cote. �We are very happy about the decision to go with IBM.
This is a continuation of the progress made by everyone associated
with FCPG and its partners.�

Buell Duncan, IBM's general manager of ISV & Developer Relations commented,
�Collaborating with Keyvelop will ensure that we develop open solutions
that are easy to maintain and cost effective for our customers in the
healthcare and life sciences industry.�

Among other things, this new software technology which is currently
being used by a number of European healthcare companies, is used to
send any file, regardless of format or size. Encryption keys, evidence
of transmission integrity with fingerprint calculation, time-stamping
of all actions and status record updating, pre-checking sender and
receiver identities, validating file opening dates are part of Keyvelop features.
About FacePrint Global Solutions, Inc.

FCPG operates a business, which develops and delivers a variety of
technology solutions, including biometric software applications on
smart cards and other support mediums (apometric solutions). FCPG�s
products provide biometric solutions for identity authentication and a
host of smart card- and biometrics-related hardware peripherals and
software applications. Apometrix, FCPG�s wholly-owned subsidiary, combines
on-card or in-chip multi-application management solutions with best-of-breed
�in-card matching� biometrics. Keyvelop�s secure digital envelope solution
and Apometrix�s on-card biometrics work together to produce the winning
combination in the fields of security, traceability and identity management.
Conclusion:

The examples above show the Awesome, Earning Potential of little known
Companies That Explode onto Investor�s Radar Screens. This sto,ck will
not be a Secret for long. Then You May Feel the Desire to Act Right Now!
And Please Watch This One Trade!

GO FCPG!

Disclaimer:
Information within this email contains "forwardlooking statements" within
the meaning of Section 27Aof the Securities Act of 1933 and Section 21B of
the Securities Exchange Act of 1934. Any statements that express or involve
discussions with respect to predictions, expectations, beliefs,
plans, projections, objectives, goals, assumptions or future events or
performance are not statements of historical fact and may be "forward
looking statements". "Forward |ooking statements" are based on
expectations, estimates and projections at the time the statements are made
that involve a number of risks and uncertainties which could cause actual
results or events to differ materially from those presently anticipated.
We were paid a sum of three thousand USD to disseminate this information from
ir marketing. Forward loking statements in this action may be identified through
the use of words such as "projects", "foresee", "expects", "will", "anticipates",
"estimates", "believes", "understands" or that by statements indicating
certain actions "may", "could", or "might" occur. Risk factors include
general economic and business conditions, the ability to acquire and develop
specific projects, the ability to fund operations and changes in consumer
and business consumption habits and other factors overwhich the company has
little or no control. The publisher of this newsletter does not represent
that the information contained herein are true and correct.

Tom Naka said...

Your blog is excellent - keep it up! Don't miss visiting this site about pet health food
. It pretty much covers pet health food
related stuff.

Shock Carlos said...

Great blog you've put together here... I hope you keep it going, it's pretty interesting.

In case you are interested in checking out my internet marketing related site/blog, just pop over and visit us if you get a chance.

It's pretty much about Marketing, online services and internet marketing type stuff... See ya!

Josh said...

Your blog is great! It's hard to find blogs with good content and people talking about Knowledge Management these days! I have a secret Knowledge Management Exposed if you want to come check it out

emily said...

I really enjoyed the content on your blog about Knowledge Management will be back very frequently! I actually have my own Knowledge Management Exposed blog with all kinds of stuff in it. You�re welcome to com by

Askinstoo said...

Nice Blog!!!   I thought I'd tell you about a site that will let give you places where
you can make extra cash! I made over $800 last month. Not bad for not doing much. Just put in your
zip code and up will pop up a list of places that are available. I live in a small area and found quite
a few. MAKE MONEY NOW