It's Friday, thankfully ... because if I have another client conference where I have to explain this simple fact to a lawyer this week, I may start pulling my hair out. And I like my hair, I don't want to do this.
So, I'm going to rant here on my blog instead, and here goes:
When an attorney is interviewed by a reporter and that interview gets uploaded as a video on the reporter's website -- usually, a local television station's web site, or that lawyer is quoted extensively in a publication -- usually, a daily newspaper serving his local community, then it's understandable for that lawyer to be excited about this and want to share this great news.
And not just with his family and friends, of course. This is great exposure for the attorney: he's been acknowledged as an expert in whatever the topic of the interview was - from the Mets vs. the Yankees to the future of class action lawsuits in view of the 2011 U.S. Supreme Court decisions in Wal-Mart and AT&T. Whatever.
Clients should know about this, right? Sure. And, referring attorneys should be aware of this, right? Yes.
However, this interview cannot simply be taken from that online website and stuck on the law firm web site or blog without gaining the permission of its owner, the publication that's uploaded it onto their site.
No. No. No.
Too many lawyers do this, and they should know better. If they are sued for copyright infringement, that law degree is going to be a big fact used by the plaintiff that they did know better.
And yes, sometimes you will have to pay for the use of the video or article. How much will depend upon the publication. There are times where the publication waives that charge, I've seen this happen more than once.
However, they're the ones who have to waive it. You have to get permission, simple as that.
And if you think I'm being picky (and yes, I've been accused of being picky and it's true, I am) then think again. Web sites are being sued without so much as any prior notice (e.g., cease and desist letter) in more and more parts of the country for just this sort of thing.
Go read my posts regarding Righthaven if you're interested.
In the meantime, STOP stealing those news stories where your name is mentioned by just sticking them on your web site or blog. Stop. It.
Okay, rant over.
Whew.
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