This week on the Late Night Internet Marketing Podcast, I talk all about affiliate marketing copyright law in the United States. More specifically, it’s a discussion about US Copyright Law in general and how it applies to affiliate marketers like us.
Now, as you know, I am not a lawyer, and I don’t even play one on TV. As I mention in the episode, if you need legal advice about your site or the law, you should consult a licensed attorney. The purpose of this episode is to educate you about the issues, so that you know what questions to ask, and what trouble might be lurking out there.
We also note some SEO trends recently reported in the news. The “SEO Weather Forecast” has rising temperatures, and that probably means that Google is making changes to the search algorithm (again). There may even be some indication that RankBrain (Google’s artificial intelligence technology) is involved.
Finally, in case you missed it, last week I discussed how to get back on track. So, if you are off track and missed that episode, I recommend that you go check it out.
Next week I’m planning on talking about how to make a successful end of the year push — but getting back on track is a prerequisite for that.
Here are the highlights of the things I have shared in this episode:
- Internet Marketing News: You may have heard that there is activity in Google’s search engine optimization ranking and I am telling you that these updates are ongoing and are happening every day. I read in an article that if we add all the discreet changes that Google is making, coupled with the statements they make out of Google headquarters, it is estimated that 500 or so tweaks to the Google algorithms happen every year. It’s almost a couple per day. Thereby, tweaking your content specifically for Google is folly. Do things which can make Google love you but as far as trying to trick the system, that is craziness. Whatever you do today might not work tomorrow so it’s bad business.
- Copyright Infringement:
- What is copyright? – It is the right to control work that you create. It gives you exclusive rights to reproduce your work, to distribute copies of your work, to perform the work, and to display the work publicly unless you willingly give them up. There are no exemptions to that so anyone who is copying your work without your permission is violating copyright laws.
- How can you get a copyright? – Generally, in the US, you don’t need to file a copyright in order for something to be protected; it just needs to be fixed in tangible medium of expression where it can be perceived, reproduced or communicated. This is copyright by fixation. You get the protection of copyright without the formalities which used to be required.
- Will you get caught? – As a general rule, you should assume that a work is protected. Whatever it is that you are considering copying, your ability to copy it means it’s fixed somewhere thereby if you use that and publish it somewhere else, you are in violation of the copyright law. Even if you’re a small website using one photo from somewhere, the more important the internet gets, the more likely it is that you are going to get caught. The ability to search the internet for pictures, for example, is getting more and more complicated and there are firms who make money doing this.
- How about fair use? – In deciding between fair use and infringement, judges would use The Four Factor test: the purpose and character of your use; the nature of the copyrighted work; the amount and substantiality of the portion taken, and the effect of the use upon the potential market.
- Take Action: Identify something that you have been meaning to do this week that will move your business forward and commit to have that thing done by next week.
Links Mentioned In This Episode
- The link to leave a review on iTunes
- The SEO Weather at MozCast
- All about Google RankBrain
- The Ten Business Commandments from Hamilton
- Death To The Stock Photo
- Amazon Participation Requirements
- Amazon Operating Agreement
- Pat’s Episode SPI 231 — Lawyer Roundtable
- [email protected]
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Episode 106 – Affiliate Marketing Copyright Law Transcript
It is very early in the morning for this late night internet marketer on a Thursday. I hope you are doing absolutely fantastic and have gotten all kinds of work done on your internet business since we spoke last, almost a week ago.
Last week we talked all about how to get back on track if you’ve gotten off track. I hope that affected at least a couple of you and helped you get back on track and that in the last week you’ve actually done something that maybe you haven’t done in awhile, work on your business. If that’s the case, I would love to hear from you at LateNightInternetMarketing.com.
This week we’re going to talk all about a couple of things that are going on in the news with regard to Google. We’re also going to hot on the idea of copyright. As you know, several episodes ago this topic came up when we were talking about the use of material from Hamilton: An American Musical, which is just a fantastic smash hit in New York. We’re going to talk about those couple of things this week and I think they will be helpful to you in your business, because after all this is the podcast that helps you build a successful internet business on the side.
It’s been a crazy week for me here in Dallas, Texas. That’s one of the crazy things about building an internet business on the side, a lot of time your real life gets in the way. For me this week several nights it has been something. Last night it was a late meeting at work, plus soccer practice, plus a meeting at the school that one of the parents in my household had to attend (either me or my wife Paula), juggling all of that plus getting dinner ready, plus homework, plus getting the kids to bed, plus a personal meeting that I needed to attend last night pretty late.
Gosh, all those things added up together meant that this episode of the Late Night Internet Marketing Podcast is actually being recorded early in the morning, because my podcasting time last night was taken up by a podcast interview for another show where someone wanted to talk to me.
The point here is when you have an internet business that you’re working on the side you have to be a little bit flexible and fit in the stuff that you can fit in where you can fit it in. One of the important ideas that we’ll be talking about later in another episode is a key to that is knowing what to work on, what are the most important things. For me, one of the very most important things for this internet business is releasing this podcast for you.
As far as the podcast is concerned, let’s hear some listener feedback and see what people are saying about the podcast these days.