copyright and blogs

This isn't anything new, but i thought i'd repost it here (from an
archive issues list).

Begin forwarded message:

> The Editorial by Lesley Ellen Harris in Volume 2005,
> Issue 1, The Copyright & New Media Law Newsletter,
> deals with copyright ownership in blogs - it is
> reproduced below. For further information on this
> print newsletter, see www.copyrightlaws.com <http://
> www.copyrightlaws.com/>.
>
> Sincerely,
>
> Amritha
> [email protected]
>
> Editorial - Copyright Ownership in Blogs
>
> The Internet continually forces us to test the
> application and flexibility of current copyright law
> to new modes of communications and media. The Internet
> has already spawned debate and lawsuits about
> hyper-linking, P2P file sharing, and the removal of
> copyright management information and technological
> protections. A newer Internet activity, blogging
> resulting in Weblogs, is now being discussed in the
> copyright arena. A blog is basically a stream of
> consciousness discussion available to the public at
> large. Individuals keep these blogs on every topic
> imaginable. Blogs are original material, and once they
> are fixed in some form, saved digitally or in a print
> out, they are protected by copyright in most countries
> around the world. In fact, they would be protected for
> 50 to 70 years after an author's death - much beyond
> the life of any blog itself.
>
> Blogs are becoming more popular amongst professionals,
> and certain employees are even encouraged to create
> blogs based on their work. This raises interesting
> issues concerning copyright ownership in the blogs. If
> an organization requires blogging as part of the
> duties of an individual, it is likely that the
> employer owns the content in the blog, just like the
> employer owns other copyright-protected works created
> by that employee in the course of employment.
>
> However, if the blog is initiated by an individual
> though it may discuss work-related issues, outside the
> scope of his employment, who owns the content in the
> blog? This is comparable to the situation where a
> professor writes a book related to, but outside the
> duties, of his instruction. This is often a gray issue
> in the academic world. University policies that
> specifically deal with such issues can help clarify
> the situation. Also, a professor approaching his
> university prior to writing the book, may be able to
> clarify the situation, prior to a confrontation.
>
> Many companies have yet to develop Weblog Policies,
> similar to their other integral policies. Thus,
> employees who discuss work-related activities are
> generally held to the rule of "good taste" in their
> discussions, and of course, not spewing any
> confidential information. As is the case with many
> Internet-related activities, would a written Weblog
> Policy contradict the free flowing nature of
> information in a blog, and perhaps weaken the
> effectiveness of these blogs?
>
> With ownership comes the issue of who may authorize
> reproduction of the content in a blog. Generally, only
> the owner may authorize others to reproduce a work.
> Would this be an organization or an individual? Or
> should the whole notion of obtaining permission in
> relation to blog content be mute, since the whole
> point of the blog is for as many people as possible to
> access and read it? The blogs by Sun Microsystem
> employees at blogs.sun.com take what I call a
> compromise position. These blogs are subject to a
> Creative Commons License. Thus, the blogs are
> protected by copyright, however the rights are
> conveniently set out in a hyper-linked license and are
> broader than those rights attached to most
> copyright-protected works.
>
> To date, there are no lawsuits relating to ownership,
> reproduction or re-distribution of the content of
> blogs. This in itself may be helpful for organizations
> and individuals who are determining "policies" in this
> area. And for those bloggers who want their content
> read as widely as possible, they are free to put a
> statement on their blogs to the effect that the
> content may be freely used without permission.