Bloggers - Don’t Get Sued
A couple of weeks ago I attended an Own-IT event all about the legal side to blogging. I was introduced to the event by Improbulus and a huge thanks there as it turned out to be a very educational evening.
It started with a presentation from Dan at MindCandy and then moved on to a chap called Robert Lands from legal firm Finers Stephens Innocent LLP . (Incidentally Robert, the invitation to speak at the London Bloggers Meetup still stands. If you’re interested do please let me know when you’re available).
I found Robert’s presentation very engaging and his relaxed style made it easy listening. No disrespect to the legal profession, but they are not known for their humour..
So what are the top 10 tips I took away from Robert’s presentation**
2. Yes you can get fired if you blog about your job, employer or other employees, even if you change the names involved. If it’s possible for readers to interpret what you’ve written as being about your employer, you’ve had it.. and there are plenty of examples of this.
3. As a blogger you are seen by the law as a professional journalist and publisher. Therefore anything you write about a person or company in a defamatory way leaves you open to being sued for libel (this is more relevant in the UK than the US as apparently we have tighter controls on freedom of speech).
4. If your server is in India how can I be sued by someone in the US? Well it seems you can, the law of the land where your media is consumed is most important. So in the understanding that nobody knows the laws of every land, you might want to add a ‘terms of use’ page to your site stating something like ‘if you read this blog you agree to be bound by the laws of (your home country)…..’ or words to that effect. Contact your local legal beagle for advice on this, or if you’re in the UK contact Finers Stephens Innocent LLP.http://www.fsilaw.com/.
5. If someone takes a disliking to the content on your blog / web 2.0 site, probably the first you will know about it is when you get a letter asking you to take down the content. It might help to have a page on your site with “Notice and Take Down Policies” i.e. telling people how you will deal with any complaint.
6. With copyright, you can get done for linking to a site that infringes someone else’s copyright. Incredible if you ask me, but I don’t set the rules. So be careful what content and blogs you link to as they may be putting you at risk. It’s called ‘making available’.
7. Don’t ever blog about the intellectual property you are generating at work e.g. technology you are developing for your employer, or content you are writing. This will land you in hot water as they will own all this content and you giving it away is not a good thing. Equally, make sure your own employees know your policy here.
8. If you are publishing content written by others, either who you have paid or not, make it clear who owns the content. Get it down on paper with each writer to avoid any problems later on with intellectual property rights.
9. If you write about a company don’t be tempted to include a copy of their logo in your post (I’ve done this a lot). If the company doesn’t like your content you could be done for things like Dilution of the brand, or incorrect usage of a Trade Mark.
10. remember, you are seen by the law as a professional journalist, so you should be prepared to be treated as one. Get some legal advice or do some research so you understand your legal position, before it’s too late.
So there you go. If you haven’t realised why I started on point 2, it’s because point 1. is below. Hope all that was helpful.
** disclaimer. These comments do not constitute legal advice and you should consult a qualified legal practitioner before using any of this advice (point number 1. do not offer advice you are not qualified to give..)
Tag:blogging Legal
Small Firms - Get Tough on Late Payers
Do you ever have problems getting people to pay up? Are you a small company playing with big boys who often take a leisurely stroll to find their cheque book? You’re not alone.
Yesterday’s newsletter from www.startup.co.uk included an article urging small firms to get tough on late payers. It talked about how late payers are forcing many small businesses under, some 10,000 - 15,000 per annum - what an incredible amount. Not only that, but each month small businesses are owed an estimated £50bn - I think you’ll agree that’s a lot of cash. So what can we do about this?
The article suggests small businesses should perform better at getting paid. It suggested tactics such as conducting credit checks on new and existing customers, offering incentives such as discounts for prompt payment, and also sending invoices promptly. All great ideas and highly practical.
It also stated that we should know our legal entitlements under the Late Payments of Commercial Debt Act. I can’t agree more. So if you are servicing clients in the UK, check out a summary of the Act here.
Probably the most interesting part of the act is that as a small businesses (less than 50 employees) you are entitled to charge interest at base rate PLUS 8% on any debt over 30 days old. That’s an incredible 12.25% at current rates. Now that gives you some real playing power doesn’t it?
That was my first reaction, then I got to thinking that as a small firm how could I ever enforce this? Think about it, if you try to charge interest on overdue payments, it’s likely you’ll incur high charges from your solicitor. Not only that, you’re likely to destroy your relationship with that client.
My own recommendation for getting paid promptly is to maintain strong relationships with your everyday client contact, but also those in the accounts payable team. this will help you to smooth over any accounting issues as they occur.
If you have any ideas for how to get better at being paid then please share them here. Maybe we could create a resource of tactics for all small businesses.
Tag:LegalLimited companies, are your email and websites compliant?
The First Company Law Amendment Directive - a European law being incorporated into UK law - means that as a limited company you are now required to display more information on your website and company emails. Those who don’t comply risk being fined.
So what do you have to do I hear you ask? As of the 1st January 2007, you are required to include the following in all business emails:
- company registration number,
- place of registration (e.g. Registered in England ad Wales)
- the registered office address.
On the website you are required to include:
- The name, postal address and email address of the website’s service provider.
- The name of any trade body or professional associations the business is part of, including membership or registration details.
- Your VAT number, even if the website is not being used for e-commerce transactions.
- Any prices on the website must clearly state whether they are inclusive or exclusive of tax and delivery costs.
For more information check out this very useful legal resource:
http://www.out-law.com/page-7594
Make sure you don’t find out the hard way by getting fined!
Tag:Marketing law
For any of you with more than a passing interest in marketing law, you should visit http://www.marketinglaw.co.uk/.
It’s a service provided by Osborne Clarke - a leading law firm - and provides regular updates on the latest laws and their implications on your marketing activity. You simply have to register an email address and you’ll start to receive monthly updates.
While some of the info is not easily digestible to non legal beagles, they’re certainly worthwhile reading. Do yourselves a favour, don’t learn about law the hard way and be prepared - as Lord Baden Powell would say - to learn about marketing law.
Tag:Legal-
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