There's an article at Law.com today which is worth your time: it's entitled "Marketing Your Law Practice With a Blog," and it's written by Timothy B. Corcoran, the man responsible for the site's Marketing the Law Firm newsletter as well as Corcoran's Business of Law blog. Two things to take away from today's read:
1. The Importance of a Savvy Ghostwriter for Law Firm Blogs.
Corcoran discusses content and the need for blog posts to give a glimpse into the blogger's personality and character. He doesn't dismiss ghostwriting, but he suggests that ghostwriting doesn't provide this vital component.
I think he's partially right: most don't. Ghostwritten blog posts need to be written by writers who understand the lawyer's (or law firm's) worldview and can write from that perspective. To me, this means not only does the ghostwriter need to understand both (1) the law and (2) the practice of law but the ghostwriter needs to take the time to get to know (3) their client, the attorney that's hired them to write those posts.
For example, I've written posts for an attorney who is an active and outspoken Libertarian. I'm not a Libertarian, but I understand his political outlook; we've discussed the approach he wants to take with his blog posts; and he's very happy with the aggressive stance his posts have taken on a variety of legal issues. It's a compliment when your client tells you that "this is exactly what I'd write if I could figure out how to do this [blog]."
2. Return on Investment On Law Firm Social Media Can't Be Measured By Number of Widgets Sold
Corcoran also writes on the vital issue of financial investment. How to measure the return on a law firm's blogging dollars is a big concern to many -- and there are lots and lots of articles out there giving mathematical formulas and MadMen ratios to explain how a dollar spent in this month should return this many client revenue dollars by X month.
I think Corcoran provides needed guidance on Law Firm Social Media ROI. Law firms have never sold products, they've sold services. Professional services. The attempts to fit law firm social media techniques into standardized products' marketing formulas is simply trying to wedge square pegs into round holes. Doesn't work.
So, how to insure you're not throwing good money after bad? Read what Mr. Corcoran has to say, for one thing.
7/30/10
Public Domain - The Best Source for Images or Content to Use on Your Blog
The U.S. Copyright Office defines "public domain" as a work "...no longer under copyright protection or if it failed to meet the requirements for copyright protection." The public domain also includes works where the creator has freely released the work into the public domain.
On the web, lots of people freely release their copyright in order to expose their talent and their work as widely as possible. Anything -- content, software, images, fonts, videos, etc. -- in the public domain may be used freely by anyone without contacting or gaining the permission of the originator.
Finding Images and Content in the Public Domain
1. Searching for "public domain" along with various words or phrases that you are seeking is an easy enough way to find free images and content on the web.
Looking for an image of Abraham Lincoln? Google "public domain image Abraham Lincoln," and you'll find the photo of President Lincoln shown above. (The Library of Congress has been kind enough to upload it for us.)
2. Wikipedia has also provided an online list of links that provide free, public domain images -- a list that is continually growing. It is an excellent resource. (One of my favorites is Wikimedia Commons.)
3. Again, Wikipedia provides a long and growing online list of links providing free, public domain content -- worldwide. It includes links to huge public domain content collections such as Project Guttenberg.
7/28/10
Fair Use of Another's Copyrighted Work is Defined in Section 107 of the US Copyright Act (17 USC 101 - 810)
The United States Copyright Office provides some guidance regarding the fair use doctrine, as do other sites including Cornell University's LII - Wex and UCLA's Library.
What is the Fair Use Doctrine?
In sum, it is a fair use of another's copyrighted work if you are using the work in order to provide criticism, in commentary, as part of news reporting, as part of teaching, in some form of scholarship, or in a research endeavor.
If there is litigation, courts are instructed to determine if the use is fair by applying a balancing test made up of several factors.
Is Your Use a Fair Use?
The obvious place to start when considering whether or not your intended use of another's work comes within the fair use doctrine is to read the statutory definition itself. According to the US Copyright Act, fair use is:
Two Things of Note After Reading the Fair Use Doctrine's Statutory Definition
1. Notice that the statute does not give any set number of words that can be used before there is copyright infringement. There isn't one.
2. Also, notice that if you give the hyperlink before the cut and paste of another's work, that's not addressed here. Attribution may help regarding a plagarism claim, but it's not going to be a solid defense against copyright infringement.
As lawyers and law firm write blogs and content for web sites, they may feel comfortable making their own legal call on whether or not their work falls within the fair use doctrine. Non-lawyers should seek legal guidance from an attorney to be on the safe side.
What is the Fair Use Doctrine?
In sum, it is a fair use of another's copyrighted work if you are using the work in order to provide criticism, in commentary, as part of news reporting, as part of teaching, in some form of scholarship, or in a research endeavor.
If there is litigation, courts are instructed to determine if the use is fair by applying a balancing test made up of several factors.
Is Your Use a Fair Use?
The obvious place to start when considering whether or not your intended use of another's work comes within the fair use doctrine is to read the statutory definition itself. According to the US Copyright Act, fair use is:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Two Things of Note After Reading the Fair Use Doctrine's Statutory Definition
1. Notice that the statute does not give any set number of words that can be used before there is copyright infringement. There isn't one.
2. Also, notice that if you give the hyperlink before the cut and paste of another's work, that's not addressed here. Attribution may help regarding a plagarism claim, but it's not going to be a solid defense against copyright infringement.
As lawyers and law firm write blogs and content for web sites, they may feel comfortable making their own legal call on whether or not their work falls within the fair use doctrine. Non-lawyers should seek legal guidance from an attorney to be on the safe side.
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