Manage legal risk associated with blogging
Our ‘Blog Safe’ product is a suite of legal terms, conditions and statements that will help you to manage legal risk associated with your blogging. Without them, you run the risk of legal consequences and increase the likelihood of your content being copied without your permission.
The ‘Blog Safe’ product suite consists of:
Displaying a Legal Disclaimer on your website or blog is a good step toward disclaiming responsibility for any misconduct (including copyright infringement, defamation, trade mark infringement and deceptive trade practices) associated with your blog. However, it will not provide absolute protection from others taking legal action against you. This is particularly the case when it comes to claims made against you under consumer protection legislation, as liability there cannot be disclaimed.
The main benefit of displaying a Legal Disclaimer is that the whole of your conduct will be considered, taking your Legal Disclaimer in to account. The Legal Disclaimer may also have the consequence of breaking the chain of causation between your conduct and any loss suffered by a party making a claim against you.
Intellectual Property Statement
An Intellectual Property Statement is a statement that is displayed via a link on a website or blog and sets out your position in respect to ownership and treatment of your intellectual property, including copyright and both registered and unregistered trade marks.
An Intellectual Property Statement is a very strong deterrent for any person considering copying your trade marks, articles and images without your permission.
A Copyright Statement is a brief statement usually displayed in the footer of a website or at the end of a blog post.
Displaying a Copyright Statement in connection with any original content that you create will not strengthen your rights in any way. However, it will serve as a strong deterrent to any person considering copying your content without your permission.
A Copyright Statement may also serve as evidence of ownership of original content and assist a person to contact you if they would like to seek permission to use that work.
There is no express law in Australia requiring a blogger to disclose the sponsorship of a product or service that may be subject to review or endorsement. However, existing laws are in place to protect consumers against misleading and deceptive conduct. Failure to disclose sponsorship may amount to misleading conduct and potentially, subject your business to financial penalty and inevitably, brand damage.
A Disclosure Notice will provide transparency, create trust and ensure that the image and reputation of your brand amongst your readers is maintained at all times.
Our ‘Blog Safe’ product also includes a 10-minute consultation with an IP/Social Media Lawyer, who will discuss any concerns that you may have in relation to blogging and the law.