Page 18 - Leisure Living Magazine June 2017

Expressing Online
Continued from page 17
Q: What are copyright and trademark infringement?
A: Copyright infringement occurs when you post someone else’s creative work, like a photo or a song, without his or her permission. There is a “fair use” exception that allows you, in certain circumstances, to post copyrighted mate- rial, but it is often difficult, without legal help, to
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determine what might be a “fair use.” Trademark infringement involves improperly using someone else’s business logo or material. Generally, you may not use a business logo or material for com- mercial purposes that might lead consumers to believe that you are affiliated with a company or product that is not yours.
Q: If I accept posts from another person, might I be liable for a defamatory statement made by someone else just because it’s on my blog?
A: Probably not. Bloggers, media sites, Internet service providers and others who host forums online have immunity from defama- tion claims regarding statements made by some- one else and then posted on a blog or web- site. This immunity is provided by the feder- al Communications Decency Act, Section 230, which protects any “user” of an interactive com- puter service who did not create the defamatory statement. Also, the federal law likely will protect you if you are passing on information provided by others that you have not altered. However, this immunity is not guaranteed. If you are actively gathering information on your own and publish- ing it on your blog, or if you edit and knowingly change and post someone else’s statement, then Section 230 may not shield you.
Q: Can my employer control my blogging or posting at work?
A: Many employers are allowing and even encouraging their employees to blog and post, but they are also taking steps to limit employ- ee activities to protect the business interest. Employers are wise to share policies concerning blogging and social network conduct with their employees. However, some employee communi- cations are protected by law, so employers should be careful about attempting to discipline an employee for work-related comments made on an employee’s personal blog or page. Protected communications include those that have to do with protected activities such as whistle-blowing or conducting union activities, and communica- tions about a protected status (such as discrimi- nation by gender or race).
This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Dan Trevas, a Columbus attorney and former news reporter for print and online news services. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem.
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