So how can a Minnesota business blogger stand out from the masses? The most successful bloggers are prolific linkers to news, articles, Web sites and even other blogs relative to the topic of discussion. Readers are far more apt to return to your blog if it offers a snapshot of your topic or industry.
Yet there is a right way and a wrong way to hyperlink to other blogs. Did you know that intellectual property laws apply to blogging? Don’t worry too much: They can also protect you and your business!
To help you maximize the hyperlinking on your business blog yet stay within the legal limits, here are five answers to the most common questions for a business blogger.
1. I found something interesting on another blog that my visitors would like to read. Can I link to it?
Linking, or embedding the “http” address of another Web site within one’s blog, is also referred to as “hyperlinking.” A link that takes a reader directly to another home page is called a “hot link.” These variations of linking are a common practice on the Internet. They could drive a great deal of traffic to your site if your visitors see that you provide a current snapshot of what’s going on in your industry. (For the visitor, it’s like being able to find all of your news in one spot.)
Most Web sites are happy to have other sites link to them to drive traffic. However, some retailers oppose the practice of “deep linking,” a link that leads a surfer directly to a specific page on a site rather than to the site’s homepage.
Some retailers feel that this practice deprives them of traffic and possible sales. However, the courts have not yet found the practice of deep linking to be a copyright infringement.
Quoting another source without a link should be done in accordance with “Fair Use” guidelines.
2. How do “Fair Use” guidelines apply to the world of blogging?
If you choose not to hyperlink, a business blogger can feel comfortable recounting or recapping short news items, as long as the items are properly attributed to the original author and work, and as long as the blogger is reproducing the facts and ideas in the article without relying too heavily on direct quotes or cut and paste.
Certain factors are used to determine whether a use or reproduction of a copyrighted work is considered “Fair Use.” Fair Use is a doctrine of copyright law that allows for use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching or research.
Factors include whether the use is for commercial or nonprofit/educational purpose; the size of the reproduced portion of the work; the nature of the original work; and the effect the use has on the market for the original work. Always see your intellectual property attorney if you have questions of whether your use is fair.
Finally, be wary: A business blog whose primary purpose is to promote a product or service will likely be scrutinized more closely because the nature of such use is likely commercial.
3. Can I use an image on my blog that I found on another site?
Although images can greatly increase the appeal of your blog, if you are using someone else’s image in its entirety, this could open you up to a copyright infringement claim. So, once again, the Fair Use guidelines apply.
Many professional photographers, and others who would rather not see their images used on other sites, place a watermark with their name or copyright information across their images.
On the flipside of this, those who post images online and don’t mind others using them (including those who encourage use of their images) may assign a Creative Commons license to the image.
4. What is a Creative Commons license?
Once you’ve decided to start a business blog, are you worried that the myriad intellectual property concerns will keep others from linking to your site? A Creative Commons license, a relatively new phenomenon, may help.
Creative Commons describes itself as a nonprofit organization that offers flexible copyright licenses for creative works. These licenses are designed for Internet publishers to allow control of the use of one’s work by others without all of the restrictions of a copyright. As such, these licenses allow one to restrict whether one’s work is used for commercial gain, with attribution, and in a number of other ways.
These licenses provide a variety of protections for a wide range of professionals. Creative Commons’ licenses and tools help you publish your work online, or samples of your work, and allow others to know what they can and cannot do with your work legally.
If you are interested in licensing your blog and limiting the way others may use or reproduce it, consult an intellectual property attorney. The Creative Commons organization also has detailed information about the various licenses: you can visit them at www.creativecommons.org.
5. Can I mention other companies in my blog? What about trademarks?
When mentioning another company, it is wise to do an initial check of the U.S. Patent and Trademark Office to determine whether the company has a registered mark for their name (and would thus require a ® mark after their name), or if they have a pending mark or no federal registration, (in which case a ™ should be included after the company name).
Including these marks is vital to avoid claims that you have violated a company’s trademark, whether under their federal registration or more general common law rights. When in doubt, include a ™ for company names, and a © for any material pulled from a company’s site.
If you are unsure of the truth of a statement about a company, research and only print the facts, or make it clear that your opinions are only opinions and not verified facts.
[contact] Kathy Davis is an attorney with Henson & Efron P.A. in Minneapolis, with a specialty in intellectual property: 612.252.2846; kdavis@hensonefron.com; www.hensonefron.com
