Can blogs be copyrighted?
Whilst reading a blog entry I noticed that there was a post indicating that all materials at that site were copyrighted and could not be reproduced or reposted...not that I was interested in doing so but I was wondering if it were merely a deterrent.
Attorney answers (3)
Kurt Van Thomme
Reputation Level 11
Answered almost 3 years ago.
Intellectual Property Law Attorney in Johnston, IA.
The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
The short answer is yes, blog entries can be copyrighted, as long as they meet the other requirements for copyrightability. The particular form a copyrighted work takes is not relevant to whether it is copyrightable, as long as it is "fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device" as required by copyright law. So, assuming the blog content meets the minimum threshold for creativity necessary for copyrightability, the fact that it is published online rather than in print or some other more traditional media does not prevent it from being copyrighted.
Below is a link to the U.S. Copyright Office's circular regarding registration of online works for some additional information.
3 people marked this answer as good
Marc John Randazza
Reputation Level 8
Answered over 2 years ago.
Intellectual Property Law Attorney in Miami, FL.
Of course they can be copyrighted. In fact, your question reveals a small bit of misunderstanding of copyright law (I'll fix that).
Under US law, you don't need to do anything to "copyright" your material.
Once your material is placed in a "fixed tangible medium," it is automatically copyright protected. Naturally, it must also meet the minimum level of originality, which is quite low. Phone book listings don't make it over that threshold, but coin values in a numismatic guide do. I'm pretty sure that anything you write for your own blog would fit the bill.
But here's the wild card. While your content will be automatically protected by the Copyright Act, the protection is a bit illusory unless you register your material with the US Copyright Office. Why? You can't file a lawsuit to enforce your copyrights unless the material is registered. Good news and bad news follows that:
Good news: If you find an infringement, you can simply register your copyright and then file suit.
Bad news: If the infringement occurs before the registration, you can only get an injunction (a court order to the infringer making them stop infringing) and *actual damages* -- which will be difficult to quantify.
On the other hand, if you periodically register your copyright, and someone infringes AFTER you've filed for registration, then you can get statutory damages (which can be huge) and you can get your attorneys' fees awarded to you.
The bottom line is that yes, pretty much every original work can be copyrighted. However, you should consult with a lawyer to fully understand the difference in registered vs. unregistered rights in your copyrighted material.
1 person marked this answer as good
Marc John Randazza
Reputation Level 8
Answered over 2 years ago.
Intellectual Property Law Attorney in Miami, FL.
Of course they can be copyrighted. In fact, your question reveals a small bit of misunderstanding of copyright law (I'll fix that).
Under US law, you don't need to do anything to "copyright" your material.
Once your material is placed in a "fixed tangible medium," it is automatically copyright protected. Naturally, it must also meet the minimum level of originality, which is quite low. Phone book listings don't make it over that threshold, but coin values in a numismatic guide do. I'm pretty sure that anything you write for your own blog would fit the bill.
But here's the wild card. While your content will be automatically protected by the Copyright Act, the protection is a bit illusory unless you register your material with the US Copyright Office. Why? You can't file a lawsuit to enforce your copyrights unless the material is registered. Good news and bad news follows that:
Good news: If you find an infringement, you can simply register your copyright and then file suit.
Bad news: If the infringement occurs before the registration, you can only get an injunction (a court order to the infringer making them stop infringing) and *actual damages* -- which will be difficult to quantify.
On the other hand, if you periodically register your copyright, and someone infringes AFTER you've filed for registration, then you can get statutory damages (which can be huge) and you can get your attorneys' fees awarded to you.
The bottom line is that yes, pretty much every original work can be copyrighted. However, you should consult with a lawyer to fully understand the difference in registered vs. unregistered rights in your copyrighted material.
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