A blog (contraction of “web log”) is an online publication, diary or newsletter posted on a website by an individual, organisation, a business or community. A blog can be a personal diary, a photoboard, a running commentary on an area of interest, advice with links to other blogs and websites, or just advertising.
The main legal issues are:
- Copyright
- Moral Rights
- Trade marks
- Defamation
- Right of Publicity
When you create your own blog you are creating copyright protected material, but you may also want to use material that is owned by someone else. It is always a good idea to assume that others’ work is protected by copyright until you are able to confirm otherwise.
In Australia, under the Copyright Act 1968 (Cth), copyright protection is automatic (there is no registration system) and protects original:
– literary works (e.g. written works such as the content on your blog, computer programs, compilations, novels, screenplays, song lyrics);
– artistic works (e.g. paintings, drawings, photographs, maps and plans);
– dramatic works (e.g. choreography, screenplays, plays);
– musicals works (which are separate from the sound recording or the lyrics); and
– films, sound recordings, broadcasts and published editions.
Do not assume that what you find on the internet can be used by you, or is freeware just because it is on the internet.
If you want to use copyright protected works on your blog, you must obtain the copyright owners permission if you cannot rely on a fair dealing exception. You do not necessarily need a written agreement with every contributor to your blog – verbal permission is fine – but obtaining something in writing makes the terms of the licence (permission) clear to everyone.
