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Legally Protectable Parts of a Blog

woman writing down the legally protectable parts of a blog

Curious about the legally protectable parts of a blog? Read on to learn a little more about copyright protection for a blog and trademarks for bloggers.

Blog Name

This is kind of an easy one, right? It is the name by which all of your readers recognize your work, your blog, and a name. Of course, the name is a protectable part of the blog because it is a signifier. And the thing that signifies a brand to your readers — the blog name — is protectable under trademark law.

Infographics

Next, infographics. Of course, that can be anything from an explanation of a process to a cool way that you’ve set out the ingredients that go into a recipe. And infographics are graphic designs, which are artwork, which are protectable, under copyright law.

Blog Posts

The actual blog post. So what is a blog post? It is text, it is maybe video or audio visual materials, maybe some kind of free download, and maybe graphic designs, and maybe all of those things. And each and every one of those things, is a creative work and creative content that is protectable under copyright law.

Videos

A video or a vlog. Well, that’s easy, it’s like a motion picture, right? And that motion picture or audio visual work is certainly a traditional creative work protectable under copyright law.

Hashtags (not really a protectable part of a blog, but quasi-protectable)

Hashtags are tricky. Sometimes, brands will use their own trademark, their own brand name, as a hash tag among other hash tags. When it’s used in that way, that trademark of course, is a trademark whether or not it’s a hash tag. It’s being used as a hashtag, but it is a trademark. Now other hashtags are moreso descriptors or descriptions — whether you are using DIY blogger, or #lifestyleblogger, or #lifestylebloggerlife, or any of those — those are hashtags you’re using to get people to find you. And because they are not really trademarks… they aren’t really copyright either. They’re not really anything, they are descriptors or descriptions used so that you can grow your audience, right?

Printables

Who doesn’t love a good printable? A printable is most likely a download and most likely in PDF or JPEG form. And so those are actually protectable under copyright law.

Photos

Same thing with photos, whether they’re downloadable or not, of course, photos are a huge part of blog posts, and photographs are certainly protectable under copyright law.

Recipes…kind of.

Finally, recipes. And this is a tricky one. So recipes, “mere listings of ingredients,” are actually called out as not protectable under copyright law. Now how to get around this as a blogger. Well, it’s very rare that you will see a blog post with just a list of ingredients without any kind of prose or at least instructions on how to make whatever the recipe is. And instructions by themselves too are kind of tricky when it comes to copyright law. But the more creative you can be with those instructions, the more storytelling you add to it, the more photos you add to the recipe, then it starts to become a more creative, copyright-protectable work. So recipes, kind of copyright territory depending on if you have the right elements in that post.

I hope this helps you to better understand what’s protectable in your blog, and whether it falls under copyright territory or trademark territory.

The PPP for Bloggers, Podcasters, and Other Self-Employed Online Business Owners

woman researching ppp for bloggers and podcasters

The CARES Act created a wonderful opportunity for businesses struggling because of COVID-19. That opportunity is through the PPP or Paycheck Protection Program. This post will talk about the PPP for bloggers, podcasters, and other self-employed individuals doing business online.

Note: This is ever-changing! There are several different interpretations of the PPP and I will continue to update this post as much as I can.

An explanation of what the Paycheck Protection Program is, in 15 seconds

The PPP is a loan program through the SBA. It was created as part of the CARES act for businesses adversely affected by COVID-19. (And really, what business isn’t, aside from maybe Zoom and the grocery industry?)

What it means when people say this is “free money”

I repeat, this is a loan program. But, it’s a loan you don’t have to pay back…so long as you use the funds for certain specific things, like payroll expenses. Hence, free money.

Snapshot of the PPP application. Access the full application here.

Are bloggers, podcasters, and self-employed business owners eligible for the PPP?

Short answer: Probably.

Long answer: So long as you meet the following requirements, which you’ll have to sign off on when applying for the loan.

  1. Less than 500 employees (with some exceptions that probably don’t apply to bloggers and podcasters);
  2. In operation as of February 15, 2020;
  3. Current economic uncertainty makes the funds necessary to support your ongoing business operations;
  4. Funds must be used to retain workers and maintain payroll, OR make mortgage interest payments, lease payments, and utility payments;
  5. You haven’t received another PPP loan; and
  6. You had employees whom you paid salaries and payroll taxes OR paid independent contractors.

So that last one, #6, is the kicker.

Technically, if you’re a single-member LLC, you don’t pay yourself a salary or issue yourself a 1099. So the big, bad question that no one has made crystal clear yet is, does a draw paid to yourself, as a self-employed person, count as a salary or wages for PPP purposes?

We know that expenses you incur to pay any employees definitely count.

The PPP application itself says:

With respect to “purpose of the loan,” payroll costs consist of compensation to employees (whose principal place of residence is the United States) in the form of salary, wages, commissions, or similar compensation; cash tips or the equivalent (based on employer records of past tips or, in the absence of such records, a reasonable, good-faith employer estimate of such tips); payment for vacation, parental, family, medical, or sick leave; allowance for separation or dismissal; payment for the provision of employee benefits consisting of group health care coverage, including insurance premiums, and retirement; payment of state and local taxes assessed on compensation of employees; and for an independent contractor or sole proprietor, wage, commissions, income, or net earnings from self-employment or similar compensation

So, based on what we’re told from the application, these things probably count, too:

  • A monthly draw you give yourself from your LLC
  • Wages you earn from self-employment

How much money can you get from the PPP?

Here’s the simplest way to make that calculation if you are a sole prop or LLC that files a Schedule C along with your income taxes:

Get out your 2019 return (your 2018 return is PROBABLY ok if you haven’t filed for 2019 yet, but they haven’t explicitly stated that the 2018 return is ok, just FYI).

Flip back to your Schedule C from your business.

Look at line 31. Divide that number by 12. That’s your average monthly payroll amount! Now multiply that by 2.5, and that’s the amount that you can ask for.

When bloggers, podcasters, and other self-employed online business owners can apply for PPP

Now. Like, RIGHT NOW.

Technically, “small businesses and sole proprietorships” can apply as of April 3, 2020. “independent contractors and self-employed individuals” can apply as of April 10, 2020. This is about as clear as mud, because you can be self-employed, and a sole prop. Or an independent contractor, and a sole-prop. Or a small business, and self-employed. So I repeat, if you think you qualify, just log into your bank and apply now.

Because the thing with this loan is that it’s only available until they run out of the funds earmarked for it. 10% of the entire amount earmarked has already been applied-for.

Not trying to instill panic, here. Just want you to shake a leg and apply if you are eligible!


If you are interested in learning four things that you can do right now to protect your business online, click on the image below. Sign up, and you’ll get one thing per week for four weeks delivered to your inbox.

Is a Blog Post Automatically Protected from Copycats?

is your blog post automatically protected from copycats

By the end of this post you will know at what point your blog post is automatically protected from copycats under copyright law. Let’s go!

First, what’s protectable about a blog post or vlog?

So first, what does a blog or vlog consists of? Well, it consists of maybe video content, audio-visual content, you’ve got text, maybe some graphic designs, all of those things are protectable under US copyright law.

They’re creative works and under US copyright law something is protected the minute it is “fixed in a tangible medium of expression.” That is fancy lawyer talk for no longer just living in your brain, no longer living as an idea. It is fleshed out, it’s written out, it’s recorded somewhere.

When is a blog post automatically protected?

So is a blog post automatically protected?

Yep! Even before you hit publish, you own the copyright to what you’ve created there.

Copyright protection and copyright registration are two different things.

A lot of people confuse copyright protection with copyright registration. When you publish or write out that blog post, it automatically has protection. But, it is not automatically registered. You don’t HAVE to register your blog post or vlog in order to have copyright protection. Registration is not a prerequisite to copyright protection.

However I DO recommend that you check out my post on three big reasons why to register your website with the Copyright Office. There are some good reasons to register your stuff with  the Copyright Office, and I’ll give you a couple little hints. It has to do with boosts in protection and a little cash money in your pocket.

So I hope that this helps you to better understand when a blog is automatically protected from copycats under US copyright law.


If you are interested in learning how to register your blog or website with the Copyright Office, I am for the first time, releasing a live workshop.

It’s going to be limited to about 10 or 15 seats but if you are nterested, click the image below and you will be on the list of the first people to know once the doors open for enrollment for that workshop.


Sponsored Content and Posting the Right Way

sponsored content and posting the right way

Ever watch an old television show and notice the not-so-subtle product placement that was so commonplace back then? “Gee, Mary, these dishes sure are clean. You must be using Palmolive soap again!” Fast forward 65 years and sponsored content is still alive, but the medium and pitchmen have changed. Influencers and celebrities use Instagram and other platforms to make big money. But times are a-changin’ again, thanks to crackdowns — er, gentle reminders — by the FTC. Continue reading “Sponsored Content and Posting the Right Way”

Protecting a Blog (Series): DIY, Recipes, + Copyright for Bloggers

copyright for bloggers

Copyright for bloggers is a funny topic once you consider the special rules that apply to recipes, ingredients, and instructions. In this post, you’ll find an explanation of those special rules and how they affect copyright protection for a blog.

Continue reading “Protecting a Blog (Series): DIY, Recipes, + Copyright for Bloggers”

Protecting a Blog (Series): Copyright + Copy

protecting a blog with spear ip

When we think “the media,” a blog might not be the first thing that comes to mind, but think about it. A blog is content that is updated daily (if not more frequently), and a single blog post can be shared thousands of times. So when it comes to blog content, what’s protectable, and how do you protect it? This two-part series will look at just that. Below, you’ll learn about the protectable elements in a blog and some of the Copyright Office policies at play (hint: they work in favor of blog owners!).

Continue reading “Protecting a Blog (Series): Copyright + Copy”

EntreprAdmire May 2016 Edition

EntreprAdmire May 2016

“Education is the kindling of a flame, not the filling of a vessel.” With that quote, Socrates provides a great tip for entrepreneurs. Goal-setting and continuous learning are two habits that are imperative to entrepreneurship.  The act of writing down goals has been said to be quite effective in actually accomplishing goals, and the act of learning or improving upon a skill often finds itself on an entrepreneur’s list of goals.  So let’s dive into the brands I #EntreprAdmire this month in the hopes that they may inspire you to set your own goals and learn a new skill or two.

Continue reading “EntreprAdmire May 2016 Edition”

License to Wha? Using Stock Photos & Fonts

Using Stock Photos & FontsUsing Stock Photos and Fonts

We’ve become a very visual society. Maybe we have always been that way, but social media has made us more aware of just how visual our society is. (Hello, Instagram.) As such, every article, DIY project, and blog post has a pretty image. (If there is text overlaid on the image, it’s pretty text.) Luckily, there are several websites that offer stock photos and free fonts to help make things “pretty.” But can you really get away with using stock photos and free fonts with no strings attached?

Continue reading “License to Wha? Using Stock Photos & Fonts”

EntreprAdmire March 2016 Edition

EntreprAdmire March 2016

Your friendly neighborhood #EntreprAdmire-r here. Ready for a dose of March Radness? It’s Women’s History Month, so what better time to give kudos to those [female] entrepreneurs or fem-focused brands that have a little something that make them the rad, admirable entrepreneurs that they are.

Continue reading “EntreprAdmire March 2016 Edition”