How To Get Music On Your Youtube Videos Without Copyright Blogging – Are You Exposing Yourself To Legal Liabilities?

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Blogging – Are You Exposing Yourself To Legal Liabilities?

In November 2006, Blogging Asia: A Windows Live report released by Microsoft’s MSN and Windows Live Online Services Business revealed that 46% or nearly half of the online population has a blog. [Blogging Phenomenon Sweeps Asia available at PRNewswire.com].

Asia Blog: Windows Live reports are available online on MSN portals across seven Asian countries, including Hong Kong, India, Korea, Malaysia, Singapore, Taiwan and Thailand. Interestingly, the report found that 56% of Malaysians blog to express their views, while 49% blog to keep friends and family up to date.

This article focuses on Malaysian law, however, because the Internet crosses borders and jurisdictions, so the laws of many countries apply. In Malaysia, bloggers face legal risks liable for civil or criminal acts such as;

(A) Copyright;

B) Trademarks;

(C) defamation; And

(D) Rebellion.

In addition to the above, bloggers must consider other legal risks such as fraud, breach of confidentiality and misinterpretations that will not be addressed in this article.

Copyright protects the way artists or writers express their ideas or facts on a work, but not the basic idea or facts. Copyright protects the originality of the work and prohibits unauthorized copying. The protection of intellectual property rights for the following works refers to Section 7 (1) of the 1987 Copyright Act: –

(A) Literary works such as novels, source code in computer programs and websites, and content in multimedia production.

(B) Music and theater works such as music scores, theater and television scripts.

(C) Artwork such as paintings, sculptures and photographs. And

(D) Recording audio and film, such as movies (traditional cellulite and other video formats), recordings, CDs and CDs of music, plays, or lectures.

Unfortunately, most of the copyright infringement that occurs on the internet is undetectable. New blogs sometimes use existing blogs for their content and it is done through copying or linking. In addition, posting copyrighted photos, product photo designs, or product packaging from other websites is also illegal.

There are “rules of thumb” to follow when creating or posting content, such as: – (a) creating original images, graphics, code and words. (B) use the licensed work within the scope of authorized use determined by the owner. And (c) use free images on the Internet as long as the terms of the image creator apply.

The same “rule of thumb” applies when hosting a scripting script, as it usually violates the copyright laws of appropriate scripts from third parties. Regarding postings on your blog by third parties, the blog owner may obtain an actual license for postings made by third parties. When offering a podcast, i.e. a recorded and downloadable audio file to download from the blog, it is best that the podcast does not have any copyrighted music belonging to someone else, thus protecting yourself from infringement. Any author.

If copyright protects the way in which an idea or fact is presented, the trademark, on the other hand, protects the words, designs, phrases, illustrations, or images associated with the product or service.

The trademark owner has the exclusive right to use his trademark in connection with his products and services, in accordance with Section 35 (1) of the Trademark Act of 1976. Trademark protection gives the trademark owner the right to prevent others from using the same trademark with the same or similar goods. Goods that are likely to confuse the public refer to sections 19 (1) and 19 (2) of the 1976 Trademark Act.

How do bloggers infringe on someone else’s trademark? An example is when a blogger posts a link on a logo that belongs to a trademark owner. When a visitor clicks on a trademark, it directs the visitor directly to the blogger’s blog instead of directing the visitor to the brand owner’s website.

Such links can cause confusion or deception because they increase the serious risk that the block is in some way associated with or related to the brand owner’s products and services.

Defamation usually refers to a lie made about someone or an organization that tarnishes their reputation. The publisher of the statement must know or should have known that the statement was false. While the Internet provides a platform on which defamatory statements can be made or published, there are no specific laws relating to online defamation in Malaysia.

In Malaysia, the Defamation Act of 1957 applies to publications in print and radio or television broadcasts. Since this rule applies to documents published or published, in principle it applies to materials such as blogs and websites published on the Internet.

Because defamation laws are complex, it is necessary to distinguish between defamatory statements as insulting words (written form) or words. Defamation (words). In the case of an insult, if it is determined that the statement is defamatory, then there is a presumption against the author or you. Publish. In cases of slander, there is often a requirement to specify the actual damage or special damage caused by Defamation. Therefore, slander does not apply to blogs because it does not fall under the ambition of spreading slander on radio or television.

Due to the rapid changes to the internet and the integration of technology, one will wonder whether the courts will apply blasphemy or slander laws when blogs that convert from text to speech are transmitted online. . However, it all depends on the defamation and identification of bloggers, which can be a huge undertaking due to the anonymity of the internet and its global reach.

Another legal risk is when the blog is used to spread false, incomplete or misleading information related to racial or content harassment that causes hatred or contempt for the government or authorities. In Malaysia, various offenses are provided for in the Sedition Act of 1948, such as it is an offense for an individual to publish, print or distribute an inspiring publication, see Section 4 of the Sedition Act 1948 for other offenses. Whether the provisions of this law apply to online publication is not determined by the courts.

In Singapore, the Rebellion Act was enacted in 2005, with a Singapore court convicting two users of posting provocative speech online – two jailed for “incitement” on the South China Morning Post. Saturday, October 8, 2005. The South China Morning Post reports that the case is seen as a significant step in the government’s attempt to control online expression and crack down on racism. Both cases represent the first time a Singaporean has been convicted and convicted of displaying racism under his own law.

Following the case of a racist blogger on November 8, 2006, the Singaporean government proposed changes to its penal code, taking into account the impact of technologies such as the internet and mobile phones. Amendments to the Penal Code on page 2 Amendments cover offenses committed through electronic devices, such as Article 298 (verbal, etc., with the intent to offend a person’s religious beliefs) to cover up the wounds of racism. 499 (Defamation.) And Section 505 (Statement Leading to Public Misconduct) To expand and include what is “electronic print or other media”, see Singapore Criminal Code. (Amendments) on pages 8 and 20. These amendments, once approved, empower the police and prosecutors. To prosecute those who violate the blog – Cf.Sections 298, 499 and 505 of the Malaysian Penal Code (revised 1997).

There is a reason why the authorities are taking blogging so seriously, as half of the people who took part in Blogging Asia: Windows Live Report polls believe blog content is as credible as traditional media, and respondents A quarter of the questions believe that blogs are the fastest way to find out about current news and affairs.

With reliance on such blogs, content with false, incomplete or misleading information posted on the blog can not only cause panic, anger, contempt or political scandal. It can also cause political and economic instability.

The Internet presents challenges to existing laws that have been slow to provide adequate protection to parties regarding the use and content of blogs. Currently, the Code of Conduct for Internet users, including bloggers, is not proposed as part of the current Internet governance regime in Malaysia.

Instead, bloggers need to exercise self-control and understand the legal implications of blogging to ensure that their blogs are written responsibly and legally. To protect themselves, bloggers can provide reasonable terms of use and disclaimer to provide some level of comfort and protection from third-party posts on their blog.

For those bloggers who do not know themselves about the legal risks, efforts should be made to educate and raise awareness among those bloggers. Perhaps social responsibility rests with ISPs and web providers to develop the ethics of bloggers, to educate their bloggers to be ethical to their readers, the people they write about, and the consequences. Affect the legality of their actions.

First Edition in Current Law Magazine, April, Part 2 [2007] 2 CLJ i

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