When does the innocent act of borrowing another person's or organization's digital content cross the line and actually become illegal? In this issue of Engage we discuss intellectual property and copyright issues on the Web with legal expert Andy Mirsky of Mirsky and Company. Take a look at our video interview, and don't forget to check out the latest launches. If you get even one idea, we'd like to think Engage is worth reading and watching!

industry buzz

3D Advertisements from 2D Magazines
A new technology called "Augmented Reality" is allowing readers to interact with magazine advertisements, services and products. These ads direct readers to a Web site — once there, users can twist, turn and rotate the page to view a 3D image of the product and experience it from all angles. See how BMW's Mini Cooper successfully takes advantage of the technology here.

Micro(blogging) is getting BIG
Tweeting is on the rise — according to a recent Internet poll, 11 percent of users are taking advantage of Twitter and other similar short-form online messaging services or status updates. Researchers also found that Twitter users were more likely to engage with other forms of social media. Are you Tweeting with your audience? To learn more check out Pew's research.

Kindle 2.0
The new Kindle 2 — Amazon's popular eBook reader — is launching on Monday. The upgraded gadget will now flip pages faster, facilitate quicker note-taking, and has integrated the New Oxford American Dictionary into the bottom of the page. While its size may have decreased, its print database has grown to include magazines such as The New Yorker, exclusive novels, over 1,200 blogs and much more. To learn more click here.

New Advertising Freedom
The potential to market and advertise without boundaries has grown significantly since the rise of online video. From promotional segments, to interviews and news, online video allows for more brainstorming time, better use of tools and the depth to get the message across vs. a commercial or print advertisement.

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diamond in the rough

Wrangling Internet Copyright Law

When it comes to copyright law, being on the Web doesn't mean you're in the wild wild west. The Internet exploded exponentially, and copyright issues, debates, arguments, lawsuits and legislative action quickly followed suit. So put your right-click lasso away and be cautious if snagging content from other Web sites, says Andy Mirsky, principal of Mirsky and Company. In an exclusive interview, this legal expert gives guidelines for safely sampling from other sites — and provides tips for protecting your own site.

Andy's video interview

There were 3,346 copyright court cases in the U.S. alone between March 2007 and March 2008, but millions of copyright infringements occur online every day. Copyright law has been slow to catch up with the explosion of online content, and court cases have created some precedents and guidelines for digital fair use — but there are no "clear" rules.

If you are thinking about using or referencing something from another site, here's a general rule of thumb: think before you swipe. Linking to another site's content is completely legal (and great for search engine optimization), but taking the "heart" of another site's content and repackaging it as your own is not — even if you reference the original author. For example, under the terms of "fair use" you can comment, criticize, link to and even report on content from the New York Times, but you can not re-write any of the stories, editorial columns or blog posts and claim them as your own content.

In 1998 Congress passed the Digital Millennium Copyright Act, which aims to protect online content. It barely touches viral video issues and doesn't even mention blogs — so the debates over those online sources rage on. Between 2004 and 2008 there were more than 160 civil and criminal court actions involving bloggers, according to the nonprofit Media Law Resource Center. "There's a big movement to include bloggers under the definition of journalists," says Mirsky, meaning they would be protected just like traditional news media.

Bottom line: If you can't get permission from the Web site's creator to use their content, your best bet is to be a more creative cowboy and come up with your own. Check out our latest best practice guide for more...

Connect    Protecting and Sampling Content Online.

Engage    Share your own copyright tips here!

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