busy november.

its pretty awkward how my posts had become photobooth-consistent considering i do bring my cam when im out, (but im way too lazy to do some effort lol). it might be a sign of aging growing up, but for more than a year now since i started stressing myself out (i do that!), i just drop by to... i don't know, post random stuff - as always - since i abandoned my first blog (2004). so aside from being a personal diary, i use this to get myself tired - hoping i could hit the sack at any moment after posting (been a 5am-6am sleeper for weeks now). blah. anyway... if i'm NOT here, (1) i'm posting in my other blog (http://mydesigncupcake.blogspot.com/), (2) sleeping (3) working til daytime (4) bitching (5) skype-ing (6) tweeting (7) and the sorts :)

How Do I Protect My Wife's Blog?

Dear Rich: My wife writes a weekly blog entry for a friend's blog which is syndicated on blogger. Her articles are well received and she has subsequently submitted different items to different trade magazines for potential publication. She currently receives no residual ad revenue from the blog's 'owner'. Should we separately 'trademark' or otherwise protect her articles under her name or company name? The concern would be that the blog owner could also submit her articles or otherwise generate separate revenue stream based on them. It is an unlikely situation, but we wanted to be educated on if and/or how to protect her writing. We've been wearing our Don't Drink and Blog T-shirt for months now (not continuously, of course) and we think it's been effective keeping drunks off of Blogspot. (We also support this Busted Tees special which made us realize how close we were to being Amish). One thing for sure, don't drive and blog.
Right, you had a question. We don't think you can acquire a trademark for the blog because we assume it's your friend's blog, not your wife's. If that's not the case, and your wife is co-owner of the name, the parties can register the blog name by following these instructions. Still, that will only get you the right to stop others from using a similar blog name; it won't give you the ability to stop copying of the blog's text.
Copyright's where it's at. Your wife already has the strongest form of protection -- copyright. She gets it automatically whenever she posts an entry. She can augment her rights by filing for copyright registration. Registration has some great benefits and soon we'll be posting an article on how to register blog articles (though this entry may help, for now). Assuming there is no written agreement to the contrary, your wife owns the copyright in whatever she creates. She impliedly gives her consent for publication in the blog, but not for anything beyond that use. So, if the blog's administrator/owner uses your wife's entries for some other purpose, your wife can legally prevent that use if she chooses to flex her copyright muscles. For the future, perhaps she may want to create a simple agreement explaining how any uses are to be handled -- that is what can be reproduced by the blog owner and her compensation for that use.

One More Time: How to Register a Blog Name

Charles Dickens:
The world's first blogger?

Dear Rich: I read your entry on whether you can register a blog name as a trademark. It's helpful but doesn't really explain how to register the name. Can you provide a step-by-step explanation for registering a blog name at the USPTO? It would be much appreciated. The Dear Rich Staff is here to serve. We posted this article explaining the registration process.

Other Blog :)

mydesigncupcake.blogspot.com

its more about Interior Design, 

something that really inspires me aside from fashion :)

Copyright My Blog

Dear Rich: I would like to copyright my blog content and title. I'm not sure the difference between patent, copyright, and trademark. Which is most appropriate? First, you can eliminate patents from consideration as they deal with inventions and designs (The distinction is explained here).
As for trademarks and copyrights ... You can protect your blog's title by registering it with the USPTO. If it qualifies, you will be able to stop other blogs and related publications from using a similar title. (You can read more about blog trademarks here.) As for copyright, as Dear Rich readers know, your content is protected under copyright automatically once you create it. You can also register your blog as an online work, which requires periodic filing of groups of new blog entries (which has some advantages but which will cost you between $35 to $45 per filing). In the event of infringement, the Dear Rich staff also recommends considering the use of DMCA takedown notices (explained here). You can also augment your blog copyright protection by following some of the suggestions posted here (where you can view more raccoon photos), or you can rely on a Creative Commons license, by following the suggestions here).  Wow, all that linking and reading has got us exhausted.

Can I post website comments in my book?

Dear Rich: What should I do to ensure that any emails I get related to my web site or blog are publishable, say, in a book? Is it enough to just say on the web site where I have my email address listed, that anything sent to me via email becomes mine, or must I only allow comments via the web site/blog itself, and only after the sender pushes a button at the bottom of some legal gobbledygook that says that I can use their comments? If someone has chosen to publish comments at your site, you may wonder why you now need permission to "repost" those comments in a book. Hasn't the commenter already consented to publication by posting? No, by posting the commenter has only granted an implied license to reproduce the comment at the site. Even without this implied consent, you may be able to reproduce some comments in your book under a fair use defense, or in the case of comments that are just a few words, by arguing that short phrases are not protected by copyright. But ideally, you want a consent before republishing in a book.
Gobbledygook dept. Copyright law requires that you have a written agreement granting you the right to publish other people's work and electronic agreements such as clickwrap agreements are fine (as long as the user consents before posting). At Nolo, where we work, where we make an effort to avoid gobbledygook, a statement such as "By posting this comment you are granting [website owner] the non-exclusive right to reproduce it online, and in print and digital publications," doesn't seem like gobbledegoo (as Sylvia Plath referred to it) to us. This notice should be posted prominently in the space where the user is posting so that publishing the comment acts as a form of "click-to-accept" agreement.  It's a good idea to save a screenshot of your site with the date you instituted the permission policy (and save a HTML version of the site as well).

Using screen names. You should be okay posting screen names as they don't identify the poster, but issues may arise when reproducing people's real names. If you want permission, you'll need to tweak your goobledegook (note the accepted alternate spelling) to state "... and you grant permission to reproduce the name (whether screen name or real name) used in connection with the posting of your comment."