Saturday, September 02, 2023

Rocking Like A ...Windstorm

Do you rock your blog? I'll get to reportage on the most interesting, copyright-related issue of the last two weeks, but first I should like to share a shout out to Karen Lange's article "8 Ways Blogging Boosted My Freelance Career" as published on Writers Weekly this summer.

https://writersweekly.com/this-weeks-article/8-ways-blogging-boosted-my-freelance-career-by-karen-lange?utm_source=mailpoet&utm_medium=email&utm_campaign=writersweekly-com-112119_67

At the bottom of Karen's piece, Writers Weekly shares some excellent links to must-know information, such as How Re-Writing "News" Can Get You Sued...

Rocking, social networking, sharing other people's stuff, and getting sued segues into my windstorm-related, great thought of the day.

Advertising law blogger Brian Murphy of Frankfurt Kurnit Klein and Selz PC (fkks) tells an interesting tale of how a car dealer got carried away by the sight of a sturdy truck being lifted up by a high wind beneath its wings (wings being a British automotive term). 

The red Silverado survived the tornado, but in the eyes of the law, the dealer put too much effort into "sharing", got himself sued for copyright infringement, and was creamed in court. 

(Disclaimer: sometimes, I favor alliteration over accuracy. I cannot resist a bad pun, either.)

In an edifying, and highly entertaining article, Brian Murphy explains why the car dealer failed to persuade the court on three of the four factors of what constitutes infringement and not fair use or factual reporting of news.

https://advertisinglaw.fkks.com/post/102imme/car-dealer-shared-viral-video-of-truck-in-tornado-and-then-got-sued-for-infri

Mr. Murphy adds three insights; one of how the dealer might have stayed on the right side of the law if he had embedded a link using the social media platform's proprietary tools, and two on how much worse his plight might have been if the rock star had gotten wind of the use of his song, or if a customer had bought a similar vehicle on the strength of the video-plus-soundtrack-plus-context, and had not fared well in a windstorm. 

All the best,

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