Giving Copyright Advice On The Forum

good point.

Is this legal advice on giving legal advice?

No, it is just good advice

Usually good advice is better than legal advice!

would that hold up in court though. i would think that if you said you were a lawyer, and were not and gave advice, that the judge would look at that and say - don't ask strangers on the net for advice.

---Mike Savad

Mike, it matters not. The fact is that the problem is there and, yes it is completely up to members if they want to take that chance but, it may affect FAA too if it is allowed to continue as we may be complicit. I have no idea whether FAA would be or not but this is my call personally

usually i say - "as far as i know" i don't know what that means in legal jargon... as far as faa is concerned, i think it would be more about the work uploaded to it, then the advice given in the forums.


---Mike Savad

but i'm not a lawyer so don't hold me accountable to that.


---Mike Savad

Now Correct == > "In my opinion, you may post the art."
Now Incorrect == > "You may post the art."

Is that correct?

Dan Turner
Dan Turner's Seven Keys to Selling Art Online

As someone who contributes to a number of micro stock photo sites, it is my opinion that Fine Art America should take steps to protect itself and its members now that it has entered the image licensing business. A distinction should be made between commercial licensing and editorial licensing, so images with trademarked or copyrighted content are not licensed as commercial images (those used to promote, sell or advertise another product). Images with such trademarked/copyrighted content can be licensed as editorial images (meaning they can be used to illustrate a book, news story, magazine article or other informational communication). Stock photo sites do this by creating two categories of licensing and clearly notifying buyers how the images in each category can be used.

Kevin, image licensing and Fine Art should be two separate sites. Copyright is different for each, and having everyone suddenly in the same pool muddies the water -- for everyone.

In my opinion!! :-)

Dan Turner
Dan Turner's Seven Keys to Selling Art Online

Since none of you know me, I'd like to make it clear that I was not seeking ANY legal advice on this forum. I'm not stupid enough to think that anything I read here should be relied on in a court of law. I was interested in opinions and I enjoyed reading all of the posts. And FYI, I have no intentions of scanning and selling prints from those slides.

Philip's link I believe answers this. Private discussions here I would think fall into this category from the link:

What Legal Advice Is: Advice from friends or family does not constitute legal advice. True legal advice forms an agreement between an attorney and his or her client based on a particular legal matter the client is experiencing.

I really don't see a need to "ban" or change how copyright info is shared here. I see it falling under the "friends" column.

Melissa's right. And there is some confusion, between "legal advice" and "legal information".


"What Legal Advice is Not"
While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any one particular cause of action. To help avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths to clarify that any information contained in their site should not be construed as legal advice nor form an attorney-client relationship.

Examples that do not constitute actual legal advice:

1.Legal information obtained from free online legal websites, including a law firm or attorney's own website
2.Advice from friends, family members, or former clients of a lawyer
3.nformation you hear on the radio
4.Information you read on social media websites
5.nformation you see in news periodicals or on billboards
6.esponses to legal questions posted in online Q&A boards, even if provided by a licensed attorney
7.Printed materials listed in a "how to" guide
Legal "self help" forms

- See more at: http://hirealawyer.findlaw.com/do-you-need-a-lawyer/what-is-legal-advice.html#sthash.4p1kqHnl.dpuf

#4 Seems to fit the bill here.

I'm not an Attorney, but I did sleep in a Holiday Inn Express last night..............LOL!

Rich

i can see it being against the law if i wore a suit and took money from a client and pretended i was a lawyer, then i would get in trouble. but advice online, i doubt very much would hold up in court.


---Mike Savad

Hm, that would be interesting: " It is not my fault. I recieved an advice from an east european guy on the internet forum" :D

Yes Dan, your first post totally correct

Now Correct == > "In my opinion, you may post the art."
Now Incorrect == > "You may post the art."

Is that correct?

Dan Turner

Amen

To clarify IMO, giving someone advice, is not telling them to do something or not do something...it is advice...it goes without saying IMO, that you should do this...if you do it, the onus is on you, not me. Who exactly is twisting your arm to take any advice given anywhere, much less here?

so are we now going to say that if i give someone medical advice, and they take it, they can sue me for malpractice and take my imaginary license away?


---Mike Savad

Thanks.

Isabella, I'm sorry if I seem unclear about your original post. Are you representing yourself as an attorney and therefore advising participants in this forum of their legal rights, or are you simply stating your opinion and thereby holding yourself harmless from adjudication?

It's pretty clear that you are giving very specific legal advice in your statement with no disclaimer implicit or implied. Perhaps this would be a good opportunity for you to take the lead and clarify for us which it is. Your own legal disclaimer.

I wonder if the ever present "IMO" will hold up in a court of law? Or how about punctuating sentences with "LOL"? Would that suffice?

I for one will try to refrain from advice in the future. From now on perhaps my posts will be be kept to the safe and succinct, "Nice capture!" or even "Congrats on the sale!"

i usually say:

i think
i'm pretty sure
i read some place
some guy told me
etc


getting legal advice online, is like getting accurate fortunes from cookies.


---Mike Savad

Dan, I tend to agree with you. Too easy to get into trouble, especially if there's no screening/review process like the stock agencies use prior to accepting images for licensing.

Just to be safe I think I'm going to add a disclaimer to all my posts as follows:

The following statement is the personal opinion of Laura Fasulo who is neither an expert in nor particularly knowledgeable in any subject. Please consult an attorney before acting on any of my advice or laughing at any of my jokes. All words in this statement are copyright © Laura Fasulo

CYA - OK - LMAO ....all rights reserved....

Cheers, Barbara