Blog Law 101: Keeping Your Blog Legal

If you have a blog, there are a few legal areas you should know to stay out of legal trouble. You can also use this advice to protect the intellectual property value of your blog.

Blog Copyright

You have a copyright in whatever you write on your blog and whatever images you create for your blog. Generally, if someone uses your content without your permission, they have infringed your copyright.

Exception. There is an exception for fair use. Fair use would be, for example, if you wanted to quote one sentence from someone’s blog in order to respond to it on your blog. However, if you copy someone’s entire post (e.g. blog scrapers) without their permission, that is not fair use—that is copyright infringement.

Blog Photos. Photos are the same way. You can’t post someone’s photos to your blog without their permission.

YouTube Videos. You can copy a video, blog post, or image if you have permission. Since YouTube allows you to post their videos on your blog (see YouTube’s terms of service), you are not infringing their copyright.

Blog Trademark

A trademark is a non-generic name, slogan, or logo that is used in business to refer to a product or service.

Logo. A logo is trademarked and copyrighted. You can’t use a logo without permission.

Your Blog’s Name. Your blog name is probably trademarked, as long as it’s unique and not generic. For example, the term Mashable is protected by trademark. But the term Web 2.0 Blog is generic and not protected by trademark.

Writing about Trademarks. On your blog, you can mention a trademarked term when referring to the trademark owner’s product. For example, you can write about Nike shoes, and use an affiliate link so your blog visitors can buy shoes made by Nike.

You can’t use the trademark to associate with another’s product. For example, you can’t advertise your own line of skateboards as “Nike skateboards” because Nike” is already trademarked in a similar product category.

Diluting the Value of a Trademark. You can’t dilute the value of the trademark by associating it with something that would hurt the trademark’s reputation in the minds of consumers. For example, you can’t advertise your pornographic magazine as “Mercedes-Benz Porn,” because you are taking advantage of the Mercedes-Benz trademark to promote your product while diluting the reputation of Mercedes-Benz. The Mercedes-Benz trademark is diluted because some people could think the porn is produced or associated with Mercedes-Benz.

Trademark Examples. Sometimes it’s difficult to know what is trademarked. For example

  • Rollerblade is a trademark. In-line skates is a generic term.
  • Klennex is a trademark. Tissue is a generic term.
  • Xerox is a trademark. Copy machine is a generic term.
  • Apple is a trademark for product categories sold by Apple Computers. Apple is generic when referring to fruit.

When to See a Lawyer

Copyright & Trademark Registration. An intellectual property attorney can help you register a trademark or copyright. Registration gives you additional rights.

Copyright & Trademark Infringement. An intellectual property attorney can send a “cease and desist” letter to someone who is infringing on your copyright or trademark. The attorney can also file a lawsuit against them, forcing them to stop use of your intellectual property and seeking damages.

Grey Areas of the Law. There are many difficult legal areas related to copyright and trademark law. For example, sometimes it is okay to use a trademarked term in a domain name, but sometimes it is not. An intellectual property attorney can help you through these situations if you encounter them.

Legal Questions. Although copyright and trademark law is largely the same throughout the United States, each jurisdiction (geographic area) has slight variations. If you have a copyright or trademark question, contact an intellectual property attorney in your area.

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Published on October 23rd, 2008 | Filed under this Minnesota lawyer topic: Law







Disclaimer: Please read the Terms of Use. This website is advertising, not legal advice. As a lawyer in Minnesota, Aaron Hall and lawyers in his firm are licensed to provide legal services throughout Minnesota (MN), including those in Hennepin County, Ramsey County, Anoka County, Carver County, Dakota County, Scott County, Washington County, Isanti County, and Wright County. The attorneys' service area includes these Minnesota cities: Albert Lea, Albertville, Andover, Anoka, Apple Valley, Arden Hills, Belle Plaine, Big Lake, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Carver, Castle Rock, Champlin, Chanhassen, Chaska, Circle Pines, Cloquet, Columbia Heights, Concoran, Coon Rapids, Cottage Grove, Crystal, Dayton, Delano, Duluth, Eagan, East Bethel, Eden Prairie, Edina, Elk River, Elko New Market, Excelsior, Falcon Heights, Faribault, Farmington, Forest Lake, Fridley, Glencoe, Golden Valley, Ham Lake, Hamel, Hanover, Hastings, Hibbing, Hopkins, Hugo, Inver Grove Heights, Isanti, Jordan, Lake Elmo, Lakeville, Lilydale, Linden Hills, Lino Lakes, Little Canada, Long Lake, Loretto, Mahtomedi, Mankato, Maple Grove, Maple Plain, Maplewood, Medina, Mendota Heights, Minneapolis, Minnetonka, Minnetrista, Monticello, Moorhead, Mound, Mounds View, Moundsview, New Brighton, New Hope, New Port, New Prague, New Ulm, Newport, North Branch, North St. Paul, Northfield, Oak Grove, Oak Park Heights, Oakdale, Orono, Osseo, Otsego, Owatonna, Plymouth, Prior Lake, Ramsey, Red Wing, Richfield, Robbinsdale, Rochester, Rockford, Rogers, Rosemount, Roseville, Savage, Shakopee, Shoreview, Shorewood, South St. Paul, Spring Lake Park, Spring Park, St. Anthony, St. Bonifacius, St. Cloud, St. Francis, St. Louis Park, St. Michael, St. Paul, St. Paul Park, St. Peter, Stillwater, Twin Cities, Vadnais Heights, Victoria, Waconia, Watertown, Wayzata, West St. Paul, White Bear Lake, Willmar, Winona, Woodbury, and Wyoming, Minnesota (MN).