The Blog Lawyer

GDPR is Coming……………Are You Ready?

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What the Heck is GDPR and Why Should I Care?

If you’re a blogger, chances are pretty good that you’ve heard about the “GDPR” at some point in the last few weeks/months. The chances are also pretty good that you don’t really know what it means, don’t know how or if it applies to you, or what to do about it. It can be very confusing and many bloggers are feeling a bit overwhelmed. However, not knowing about the GDPR is no longer a viable option moving forward because it’s about to take effect and what you don’t know can definitely hurt you.

Have no fear (o.k., maybe a little fear but we’ll work on it) and hang on for the ride. This is the first in a series of posts on the GDPR that will help you get up to speed.

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License? Assignment?

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As a blogger, controlling your creative content is a very important element of your business. Many bloggers sign contracts that will transfer ownership of their content to someone else, even when that’s not what they intended.

This embedded graphic provides a quick overview of a complicated subject and may be useful when you need a quick refresher.

Remember – Be Smart. Be Legal.

 Disclaimer – Yes, I’m a lawyer, but I’m not your lawyer. All information in this post is provided for educational purposes only and should not be considered legal advice for any specific person or any specific situation.

Work for Food? Work for Hire?

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What is a “Work Made for Hire?”

If you’ve been around the block more than once, you’ve probably heard the phrase “work made for hire.” It’s pretty common in the blogging world and a lot of bloggers think they understand it. Chances are they’re wrong. Few people, even lawyers, really understand what the “work made for hire” doctrine is, what it covers and, most importantly, what it does not cover. Most people think that “work made for hire” is a legal rule that can automatically transfer ownership of creative content from one person or company to another. While that is true in a few cases, it is not true for many, many situations – including the ones you are most likely to encounter.

So, buckle up, it’s going to get a little tricky but if you stick with me, you’ll be glad you did.

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Bueller? Bueller? Anyone?

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Update on FTC Disclosure Rules For Sponsored Posts

Several years ago, the FTC issued some updated guidelines for influencers, bloggers, and sponsors regarding sponsored posts. The rules were not terribly specific, but the intent was clear. If a post is sponsored, it must be clear to a reader that the post is sponsored. I wrote a blog post about at the time and you can read about it here.

Apparently, some people didn’t get the memo or at least are pretending that they didn’t get the memo.

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Stop, Thief!

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Photo credit elhombredenegro. License by Creative Commons.

 

Has this ever happened to you? You’ve spent hours creating the perfect blog post. You have the perfect picture, perfectly cropped, with the perfect lighting. Everything is perfect! You post it to your blog and *sigh* as you bask in the glow of the wonderfully glorious perfection that is your latest blog post.

Then, a few days later, while surfing Pinterest, you see your picture. “Cool!” you think, “Someone pinned my post!” However, when you check it out, you see that the pin is actually linked to a different blog, where your picture and your content have been posted without your permission and without even a link back or any acknowledgement whatsoever!

&!#$#% @#!&*@!# $#%@#!

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Don’t Use My Picture! Or Else!

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Like many of you, I enjoy going to Chipotle for a burrito every once in a while. It’s a fast casual restaurant and, if you ignore the occasional food borne illness, it’s a pretty good place to eat.

So, what exactly does eating at Chipotle have to do with taking pictures you ask? Good question. Here’s the answer. Last year I published a short post about using photographs in your social media.  Sadly, at least for one photographer, the information in my blog post was not available for review when he made a serious mistake.

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Zombies?

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Copyright Myths That Refuse to Die.

I’ve been attending the Snap! conference this week and it looks like a bunch of scary copyright myths are walking among us. These copyright myths are like zombies that refuse to die.  While they may not eat your brains, they can certainly muddle your thinking and expose you to some serious danger. Personally, I believe all zombies deserve to die so here’s my attempt to put them in the grave, once and for all.
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Who’s Afraid of the FTC?

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FTC Rules and Affiliate/Sponsored Posts – Here’s what you need to know.

A bunch of bloggers that I met at SnapConf last week were very concerned about affiliate marketing and FTC compliance. It was obvious to me that there’s a ton of angst and confusion out there in the blogosphere. I hope this post will help you out.
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BLOGGER BEWARE! Facebook Changes Policies

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What the Heck is Facebook Graph API v2.1?

On August 7, 2014, Facebook updated some tools for developers to use when accessing certain features of Facebook. In addition, Facebook updated some policies that relate to how you use Facebook to build your audience and attract “likes” and followers. Although the announcement and the updates are pretty important for app developers who use Facebook, bloggers and other Facebook users who use Facebook login and other functions should pay attention to these changes as well.

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