Saturday, August 11, 2018

Flotsam, Jetsam, Great Stuff You Find When Surfing...

Let's extend a maritime metaphor --"surfing the internet" -- to the interesting and useful treasures that you may find floating about online.

Jetsam is the good stuff that someone deliberately abandoned. Anyone who finds it, can monetize it.

Flotsam, on the other hand, is good stuff that floated out of the custody of its owner by accident or mishap. The owner did not intend for it to be released into the wild, and the original owner retains rights to it.

If marine law has a term for stuff that pirates filch and dangle in the deep for bait to entice and entangle treasure hunters, this writer is not aware of it.

Legal blogger Terri Seligman, writing "The Real Deal: Using Found Content" for the prestigious law firm Frankfurt Kurnit Klein & Selz PC (which represents some of the world's best known celebrities and creative content creators, publishers, and providers) explains that all that glitters online is not necessarily yours to take.

Check out and memorize Terri Seligman's eight easy rules to follow before you use for commercial purposes that amazingly real and authentic photograph that you "found" online.

If you should be wary about using a photograph taken by someone else, and also a photo of someone else, and also of a photo that includes any artwork (or graffiti) in the background, you should also be careful about re-using old school yearbooks.

Angela Hoy explains:

For our Australian friends, (and authors doing business in Australia) legal bloggers Gordon Hughes and Andrew Sutherland, writing for Australia's leading intellectual property legal practice  Davies Collison Cave
give advice based on that card game at which Han Solo excelled.

See "App Developers Turn To The Dark Side."

Just because a copyright owner does not notice someone else's copyright infringement (perhaps a meme .gif) or even ignores one copyright infringing use by someone else.... does not mean that the copyright owner forfeits their copyright and their right to sue another copyright infringer.

Podcasters also need to be careful, in this case, about the music clip they found online and may want to use.
Legal blogger David Oxenford, writing for the law firm Wilkinson Barker Knauer LLP has a series of articles on podcasting, and the pitfalls of podcasting without knowing who owns what.

Yes, one has to pay the piper!

All the best,

Rowena Cherry

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