Bloggers Rights

Bloggers Rights and the speech-specific FAQs associated with what you’ll find on Band Aid Justice.  The best place to dive deep into the minutia of bloggers rights, is the Electronic Frontier Foundation (“EFF”).  The EFF has a list of detailed cases establishing the speech rights of all United States citizens, even those who believe they are privileged to silence others while they speak openly.  Check out the EFF’s Bloggers Rights Legal Guide.  or the EFF’s Blog Safety.  You may also wish to download a copy of Article 19 Policy Brief: The Right to Blog.

The EFF list cites case regarding:

  • Bloggers as journalists (and journalists as bloggers).
  • Bloggers have First Amendment freedoms.
  • Bloggers have the right to political expression.
  • Bloggers can blog anonymously.
  • Bloggers are free from liability for hosting speech.

Bloggers Rights main points

Intellectual Property

A term that embracing laws governing “products of the mind,” and what legalities shall be applied to such products.  Specific topics include copyright, trademark, trade secrets and patent law.  Intellectual property is found under Title 17 U.S.C. Copyright Laws.

U.S.C. Title 17 Copyright Law

Established under Article I, Section 8, Clause 8 of the United States Constitution.  The Copyright Clause states:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Created to protect and promote “original works of authorship.”  Copyrightable work includes blogs, images, podcasts, articles, sound compositions, videos, and computer coding.  As a creator of content, you have bloggers rights exclusive to reproduce, distribute, display, create derivatives, transfer rights, and destroy the works.

Digital Millennium Copyright Act (DMCA)

The DMCA Designed to:

Promote innovation, to encourage the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other purposes.

In addition, in some case Fair Use cases it prevents courts from holding persons financially liable for copyright infringement.  Fair Use covers bloggers rights too!

Privacy and Publicity Rights

Of course “privacy” and “publicity rights” protect those person(s) who may be the subject(s) of an individual creative as it may be used commercially (for profit).  Basically, your permission is required before your image or likeness is used to make money.

Fair Use Doctrine

Under U.S.C. Title 17 Copyright Law, the Digital Media Consumer Rights Act (“DMCRA”) contains six permanent circumvention exemptions to the DMCA.

They are:

(I) Libraries and archive: allows libraries and archives to circumvent copyright for the purposes of compiling audiovisual works that are in a library’s collection for educational classroom use by an instructor at all grade levels, in any subject area.

(II) Objectionable content: allows specifically for circumvention via hardware or software that skips objectionable content.

(III) Personal network: allows circumvention for the purpose of storing or transmitting media over a personal network, but explicitly prevents the uploading of media “to the Internet for mass, indiscriminate redistribution.”

(IV) Public domain works: allows for circumvention that enables access to a public domain work, or a compilation of works that are primarily in the public domain.

(V) Public interest work and research: allows circumvention that is carried out to gain access to a work of substantial public interest solely for the purposes of “criticism, comment, news reporting, scholarship, or research.”  Bloggers Rights are mostly demonstrated by this section.

(VI) Circumvention for preservation: allows circumvention for purposes of preservation by a library or archives, with respect to works in its collection.

Libel and Slander

Libel and slander are State govern civil liability torts that fall under defamation.  Libel is a written statement, and Slander is a spoken statement.  Bloggers relying upon Bloggers Rights beware!  Defamation is statement about a person made to another person, or persons, that is false but can be believable as true, and made with the wrongful purpose to harm a person.  Parody and satire are fully protected under the First Amendment, as are expressions of individual opinion, but not stated as the opinions of others.

Blogger Rights at band aid justice