Blogger’s Common Legal Questions – Part II

Here are a few more issues I addressed during a recent panel discussion on Blogging Basics.

What Rights Do I Have in Comments Left by Visitors?

Most blogs have an interactive element and invite readers to submit comments on each of the postings. Copyright ownership extends to the person creating the comments. That means the person placing the comments on the blog owns them. By their conduct, readers give the blog owner an implied license to post those comments on the blog. If bloggers want to use the comments beyond that purpose, they should consider incorporating license provisions into the blog’s posted terms and conditions.

Can I Blog Anonymously?

Under the First Amendment, you have the right to blog anonymously. However, if your blog material violates the rights of someone, the person may be able to obtain a subpoena compelling any third party provider (such as your blog hosting provider) to release your identity.

To read my comments about protecting your blog material and steps you can take if someone copies your blog postings, see Part I of this series.