Who owns blog comments?
Taken from WebProNews:
Here’s a head-scratcher with a deceptively obvious answer: When a person comments on a blog or website, who owns, or owns the rights to, that comment? Is it the commenter or the blog/website publisher? It’s a trickier question than you might think.
The intuitive answer, an opinion shared by some prominent bloggers, is that once a commenter comments, they submit the comment with the knowledge they’ve lost control of that comment forever. Of course, there’s more than one way to look at it, but there is also more than one platform (or publishing model) to consider, and at least a couple of legal aspects to explore.
A newspaper or magazine editor, for example, elects to publish response letters from readers. Not all responses are published, and thanks to some legal language, letter-writers are often informed they lose, to some extent, ownership of those letters.
In a sense, blog comments are similar. A blogger can elect not to publish a comment at all, or she can edit or delete a comment for various reasons. But there are stark differences, too. Most of the time, there is no written agreement about comments as there is with submitted letters. Another difference: Once a print publication publishes, the content can’t be unpublished. Along some (strong) lines of logic, though this hasn’t been fully tested in the legal system, this sense of permanency subjects print publishers to greater liability than digital publishers.
That, and the Communications Decency Act (so far) has protected bloggers from being liable for third party comments. Though they’ve tried, lawyers have had a tough time in court going after bloggers for something a commenter said. They have had more success in going after the commenter, if they can force identifying information from the blog host. This commenter liability would suggest a definite ownership of comments.
However, it could be argued also that a commenter no more owns his comment than a person quoted in an article “owns” his quote. (Quotation ownership, though, is perhaps a different animal altogether, and one that walks lines of ethicsor even attribution etiquettemore than legal ones.)
More, in the original article. Quite an interesting issue, nonetheless.
