Posts Tagged ‘bloggers’
5 Copyright Law Myths
I have only been a blogger for a couple of months, but most of these things have irked me for a long time. When I jumped into social media in 2009, I found these myths or misunderstandings were more pervasive and common than I expected, particularly among bloggers.
Myth #1: It’s spelled copywrite.
Okay, a misspelling is not a myth, but it bugs me. Looking up the proper spelling would take about 15 seconds.
The reason it is called (and spelled) copyright is because the law gives the creator of certain “works of authorship” the exclusive right to reproduce (“copy”) that content. It is not about writing, per se, because even though certain writings are protected creative content, so are such diverse creations as musical works, dramatic works, pantomimes, graphic works, and architectural works.
MYTH #2: You can’t copy my idea.
The foremost purpose of copyright law is to encourage individual effort as a way to advance public knowledge and culture. By limiting copyright protection to the author’s method of expressing an idea, and not to the idea itself, others can create and disseminate more work and information. If I have a great new idea for HR practice, and I blog about it, that idea is not protected and others may use it, even if they took the idea from my blog. The only thing copyright law protects is the particular words I used to express the idea. Some ideas are protected by other laws, such as patent law, but the requirements for protection are usually very stringent.
MYTH #3: I wrote that title and you can’t use it.
Names, titles, slogans, and short phrases are not copyrightable. This is true even if it is unique or novel.
MYTH #4: I can copy your work because I don’t make money with it.
This is probably a simplification of the “fair use” defense, but it is dangerous and inaccurate. Under the fair use defense, the purpose and use of the infringing work, and whether that use is “commercial in nature”, is only one of four factors that a court might look at to determine whether there is actionable infringement. Not making money with the copy is not definitive. I don’t make money with this blog, but I certainly don’t have the right to copy someone else’s and paste it here.
Determining if a copy is an infringement or is fairly used is actually very difficult. There is purposefully no specific number of words, lines, or percentages. Each complaint is determined on a case-by-case basis. The best way to avoid any complaint from a copyright holder is to get permission. Acknowledging the source of your copy does not legally replace permission.
MYTH #5: I can copy your work because it does not say or show ©.
Under current law, neither notice (©) or registration is required for a copyright to attach to a given work. A copyright is attached to original expression the moment it is fixed in a tangible form. Registration of your copyright, while not required for your rights to attach, is desirable for a number of reasons.
The U.S. Copyright Office has an excellent website with a great FAQ section. It will even tell you how to protect your Elvis sighting. Other questions (and comments) welcomed!
HRevolution – The Future of HR
Saturday afternoon the gloves came off.
The last session of the HRevolution un-conference, introduced in my previous blog, was called “The Future of HR”. It was facilitated by the incomparable Mark Stelzner, whose admitted purpose was “to be provocative and shake the room up a bit.” His mission was well accomplished, and the passionate discussion was described by @KristaFrancis on Twitter: Great minds *don’t* think alike and that’s a good thing. Mark summed up the discussion on his blog, but I want to focus on this particular statement:
There was a great discussion on how people need to quit their HR jobs if they are that miserable. In other words, stop complaining and lamenting your non-strategic role and instead find a company that values your contribution.
That “call to action” has been repeated since on blogs (here ), and the HR Happy Hour blog talk radio show.
Ouch.
Why does it pain me to hear and read that people who want to make a difference should just quit their jobs and go elsewhere? Because it’s a strategy that’s far too over-simplified, and the consequences of failure are too dangerous for that simplification. I speak from personal experience.
My Personal History
I come from a small (less than 50 employees) food processing/manufacturing plant. My husband and his partner own the business. When I began working there, no one knew exactly what my role was going to be. I fell into an HR function almost immediately, because there was NO HR function there at all. I started learning, and I made myself a HR Manager/Generalist. I had a seat at that strategic table, usually at the head. I made those P&Ls sing.
So why did I leave in June 2008? Because I had a nagging feeling that there was more evolving to be done, and I couldn’t do it where I was. There is only so far you can go in a really small company before some of the work becomes redundant, and some becomes impossible. So I quit (read: no unemployment benefits) and went looking for a company that would “value my contributions”.
It’s now November 2009 and I have yet to find that company. Telling a recruiter or a hiring manager that I left my job because “I needed new challenges” makes them hang up on me. Layoffs and downsizings create sympathy, self-indulgence does not.
I’m lucky – my husband still owns the company and has a job, so I still have sufficient funds to go to un-conferences and listen to people tell me to do what I’ve already done. But suppose I was a sole breadwinner with kids to support and a mortgage to meet? That strategy would have placed a lot of other people in jeopardy. Is Laurie Ruettiman’s philosophy is the better one? She says, ” You get a paycheck. Be happy.”
Going Forward
By sharing that with you, I want to emphasize a point that was touched on at HRevolution but not sufficiently embraced: the enlightened HR group that we are a part of is a very tiny minority of the entire HR population. The solutions and suggestions we propose inside of our “HR echo chamber” will not be embraced by them and will often be actively resisted. We need to help others examine themselves and their roles to see how they can evolve and revolutionize, even if circumstances and paychecks keep them in their positions. A large majority of HR pros don’t even know that people and technology exist to help them make this journey. In other words, they don’t read our blogs. Until a very short time ago, I was one of those people.
When Alicia Arenas asked us in a video to leave HRevolution with a commitment to spread the message, she mentioned college students and local SHRM chapters as examples of avenues to spread our enlightenment. Let’s collectively think of more, and start an outreach program, because we will not succeed without converting others. With that in mind, I am picking up the flag of HRevolution and making this commitment:
I will use social media, personal connections, and any other soapbox that is available to me to encourage, aid, and advise HR Pros and other business professionals to embark on a course of personal development that will expand their knowledge and engage and enlighten others.
By doing this, I hope to move past the idea that HR people should just be happy to get a paycheck. The people I will try to reach may not be able to leave their companies, but they may be able to avoid doing everything “The Company Way.” Viva la revolution!
HRevolution – Beginnings
I attended a strange and amazing “unconference” two days ago. It was called HRevolution and it was a collection of HR and recruiting pros coming together to discuss social media and its intersection with their professional life. It was the first out-of-town HR conference I had ever attended, made up mainly of bloggers (including Twitter micro-bloggers). The ideas flew fast and furiously, and I already have several HR University lesson plans in the works based on thoughts generated at the Revolution. Those lessons will have to be spread out over several posts, but I want to start here with some introductory remarks about the Revolution in general:
- This conference was organized by Trish McFarlane, Ben Eubanks, Crystal Peterson, and Steve Boese. Sponsors included Monster.com, Nobscot, Blogging4Jobs, Sanera, and Fusion Frames. All of these people and companies live and work in different parts of the USA, but they came together seamlessly for an outstanding presentation. My local SHRM chapter, where everyone lives and works within a few dozen miles of each other, needs to take lessons.
- One of the attendees at HRevolution, Frank Zupan, lives and work in Cleveland. He eats corned beef at a deli called Slyman’s; they buy corned beef made at United Meat & Deli (UMD) in Detroit. The corned beef is injected/pumped with pickling brine with a machine operated by Joaquin Arredondo. Joaquin is a permanent resident alien (has a green card) – a status that I helped him obtain as the HR manager at UMD. That circle (Frank to Joaquin to me to Frank) of connectivity wasn’t created by HRevolution or Twitter, but it was discovered there. It makes a compelling argument for the continuing exploration of social media, and it slaps the argument that “people only connect on social media because they can’t connect in person” right in the face.
- Laurie Ruettiman of Punk Rock HR is a true superstar of the HR blogosphere. Ooohs and aaahs were audible when she arrived, and I am old enough to be her mother. In fact, I discovered through conversation with her that I am older than her mother. But she, like the other Gen X and Ys present (which was most of the room), was absolutely energizing. Boomers like me can learn a lot from these smart kids, if we will listen.
- None of the attendees at HRevolution had met me before; they only knew who I was because of my Twitter presence. Yet almost everyone who knew who I was (because of my avatar) hugged me. It was marvelous because I really like hugging.
- HRevolution attendees have an absolute fascination with bacon. I have no idea what the origin of this fascination is, or why it continues. I am happy to indulge the fascination, though. The first HRevolution attendee who comments (10 words or more required) on this blog post will receive the book “Zingerman’s Guide to Better Bacon” as a gift from me.

More lessons to follow; stay tuned!

