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    Bloggers And Blogging Rights

    By in Blogging

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    Blogging should not be misunderstood as journalism. There is a big difference between these two. The journalism rights do not govern blogging and neither the blogger.But blogging should be seen as a privileged platform which empowers one to write with free will. This is a comprehensive list of some basic facts about blogging rights, a list of common questions answered by the Electronic Frontier Foundation. These are the five things any blogger should understand clearly.

    legal1 297x300 Bloggers And Blogging Rights

    Know Your Rights

    1. Quotes :   Quotes from a blog with All Rights Reserved, are NOT seen as a copyright infringement when used for commenting, criticizing, reporting, teaching or research.
    2. Images :  The use of images is hazy though images have the same copyright as text. Images can be used as thumbnails or parts of images can be used safely in most cases. It is advisable to mention a full credit for the image to the site it is taken from to be on the safe side.
    3. Blogging and Journalism :  Bloggers are not Journalists but Journalists can blog. A journalist can use a blogging platform to write a journalism blog, but a blogger does not have the same rights as a Journalist.
    4. Defamation Claims : A claim to defamation can be made if the information provided by the defame is false. In case the information is true, it is a defense to defamation only if supported with adequate proof.
    5. Trademark :  A trademark can be used in  any content till it is unique

    These are just some basic guidelines  In addition, EFF continues to battle for bloggers’ rights in the courtroom:

    Bloggers can be journalists (and journalists can be bloggers). We’re battling for legal and institutional recognition that if you engage in journalism, you’re a journalist, with all of the attendant rights, privileges, and protections. (See Apple v. Does.)

    Bloggers are entitled to free speech. We’re working to shield you from frivolous or abusive threats and lawsuits. Internet bullies shouldn’t use copyright, libel, or other claims to chill your legitimate speech. (See OPG v. Diebold.)

    Bloggers have the right to political speech. We’re working with a number of other public-interest organizations to ensure that the Federal Election Commission (FEC) doesn’t gag bloggers’ election-related speech. We argue that the FEC should adopt a presumption against the regulation of election-related speech by individuals on the Internet, and interpret the existing media exemption to apply to online media outlets that provide news reporting and commentary regarding an election — including blogs. (See our joint comments to the FEC [PDF, 332K].)

    Bloggers have the right to stay anonymous. We’re continuing our battle to protect and preserve your constitutional right to anonymous speech online, including providing a guide to help you with strategies for keeping your identity private when you blog. (See How to Blog Safely (About Work or Anything Else).)

    Bloggers have freedom from liability for hosting speech the same way other web hosts do. We’re working to strengthen Section 230 liability protections under the Communications Decency Act (CDA) while spreading the word that bloggers are entitled to them. (See Barrett v. Rosenthal.)

    If you’d like to spread the word about our work, consider adding an EFF Bloggers’ Rights Badge to your blog or website.

    This useful post for bloggers is written by our guest author Ashish Mundhra. If you like to share something like Ashish Did, Read join Shoutmeloud Revenue sharing program.

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    { 22 comments… read them below or add one }

    Extreme John

    This is going to be very helpful to a lot of new bloggers that haven’t really considered the legal side of things, a very common mistake when first getting into any business or even hobby is not thinking through the legalities.

    Reply

    Arijit Das

    Wow!! a great collections of blogger Rights…. Did you got it as a Suggestions of the Cyber lawyer…??

    Reply

    Pascal

    Bloggers have freedom to speech:

    Yes. In recent years, many actors and politicians started to blog and wrote something controversial about other actors and politicians. They found blogging in internet as a great media to share their thoughts with much freedom. They can’t do the same in other medias like Tv, newspapers etc. This is also one of the main reason to the popularity of blogging among more people in recent years.

    Blogging provides authority to talk and to get popularity.

    Reply

    Tuan Anh

    There is really helpful! I’ll note it and add to my portable documents. Thank you so much!

    Reply

    Rajesh Kanuri @ TechCats

    this is an useful article as this helps in gaining the knowledge of blogger rights.. Especially the new blogger will get a chance of knowing their rights of blogging. Thanks Ashish . . :)

    Reply

    Cylblog

    One of my fav. blog quotes ” I’m a blogger hear me roar” .

    Reply

    Chethan

    Nice awareness Post! i have never considered all these ill now!
    Thanks for Sharing

    Reply

    Namit Gupta

    A useful post to make us all aware about the legal aspects of blogging, your work is appreciable, thanks for sharing.

    Reply

    Himanshu

    I totally disagree with your statement that blogging is not a Journalism. According to Wikipedia

    “Journalism is the craft of conveying news, descriptive material and opinion via a widening spectrum of media. These include newspapers, magazines, radio and television, the internet and even, more recently, the mobile phone”

    Bloggers do the same job. What about the leading blogs like Wired, Ars technica, Techcrunch. These blogs are a leading blogs which provide all the important news very first before been published in any newspaper of the World.

    All the other points mentioned by you is absolutely correct and they are framed correctly. I have seen such a nice post after a long time. Hope to see some more post from you on Shoutmeloud in the coming future.

    Reply

    Ash Nallawalla

    People outside the US should note that the EFF primarily addresses US citizens. In other Western countries such as Australia, there is NO freedom of speech. You have the freedom to say what you like but you have to wear the consequences.

    Reply

    Surender Sharma

    Really helpful article for all bloggers.
    Blogging is a way to express own thoughts,views or any other helpful issues.
    It should free from some rights but in this field many newbie are spoiling its image with publishing some copyrights protected material like content,images etc.

    Reply

    Tuan Anh

    I don’w know but I think almost news articles is based on blog posts! And blog is not journalism. Blog is blogging from bloggers – who is the freelancer or not !

    Reply

    bluesky

    this article comes in the right time for me..
    I’m a new one..now I know a little bit about blogger
    and blogging rights..

    Reply

    Ashish Mundhra

    First of all this is my first blog post with highest no. of comments.
    Blogging is not journalism coz former does not get same rights as that for the latter. I still remember two of my friends were penalized by my college for one of their blog they wrote regarding one of the fight that took place in the college stating they have no right to talk about the image of the college on the world wide web

    Reply

    Tinh

    That is why I want to be blogger rather than a journalist, free writing and free talking and more interactive :-)

    Reply

    Basant Singh

    it always helps to be aware of our rights. Thanks Ashis, for the info.

    Reply

    Sunil Jain

    Hi Ashish :)
    Its good to see that being a newbie you have written so well :) :)
    Congrats Harsh for one more great member of SML :) :)

    Coming to topic : I would like to say that Blogging cannot be Journalism , but can be better than Journalism , as you see all journalists are found in news channels , newspapers [very few of them use blog as their medium] and they are always 12hrs late in broadcasting the news , so here is an advantage for a blogger to work . He/she can open an legal AD agency and then start off with a blog to publish breaking news and happenings [This requires a Team]

    What do you think about this???

    Reply

    Ashish Mundhra

    Well there is a petition floating as to “should one provide blogger wright of Journalism” and its still under review so lets see what the odds are.

    Reply

    Bharat

    Hey Ashish bhaiya…
    awesome blog..thnx ;-)
    fr a new blogger lyk me..it wud b very gu8 guidance for me…

    by the way Mr. Sunil sir do you that ASHISH is not a newbie he has written such gu8 blogs before in his own website..
    vich is>>
    http://www.techno-planet.net

    hope you would lyk d blogs which we write..
    much for now…cyaa..

    Reply

    sunil

    Nice post.. good to know the legal rights n wrongs of blogging.

    Reply

    Sandeep Soni

    This post is very useful for bloggers

    Reply

    ashish

    Good stuff dear.. This is a post for readers and not for just fetching search engine visitors..

    Reply

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