Legal Issues Facing Vloggers

Video blogging, or otherwise known as vlogging has stormed the internet over recent years. Much like blogging, users have the ability to express subjective, personalised perspectives on an issue or topic, but instead of hiding behind a computer screen, users are showing off their blogging talents in front of a camera. Many viewers prefer this type of digital, citizen journalism, because of the connection they can make with the blogger and the fact they can listen to what they have to say as opposed to reading. Maybe described as a ‘lazy’ way in which to receive news and information, but definitely one that’s growing in popularity.

YouTube vlogger: Emma Blackery

However, vloggers face the same legal issues as ‘traditional,’ professional journalists and other individuals who publish their work publically. Vloggers are entitled to the same freedoms in regards to speech and press, but they are also subject to restrictions in areas such as defamation, in particular slander, which is defined as the communication of a false statement that could harm the reputation of an individual, business, product or nation.

In regards to material with a copyright, although many have extremely long time expiry dates, some even ranging from 1989 to 2049, those that have expired are said to be within the public domain and can be used without permission or copyright infringement.

If a vlog is uploaded for educational purposes then the use of copyrighted material falls under the “fair use” provision of the Copyright Act, which claims that a reasonable use of copyrighted work can be used without permission or criticism. Even so, many vlogs will share a notice at the beginning or end of their video, giving credit to the copyright owners. Vloggers must be aware of the fact that not citing sources can be seen as an attempt to pass off copyrighted material as their own and is not considered fair use. This can result in being deemed as plagiarism and the vlogger could even face a penalty.

Because both fair use and public domain are complex areas, vloggers are advised to seek permission through a written contract from the copyright holder of any material that they wish to include in their vlog.

Many vloggers tend to review products over YouTube. The legality issues that surround this type of vlogging state that as a long as you mention the relationship between you and the product maker you cannot be accused of slander. If the product is received free of charge, then when reviewing the product the vlogger must state that they have received the product for free or brought it themselves. In a product review vloggers are allowed to quote or report expert’s opinions.

Screenshot: Vlogger

If you watch product reviews they are mainly filmed within the vloggers home, an area that they hold ownership of and are not bound to copyright. However, as long as vloggers are filming in a public place or a private area whereby permission is attained from the owner, then no laws are being broken. 

If a newbie to the journalistic world of vlogging, then I would suggest reading the legal section on the YouTube homepage and if unsure on any of your content in a vlog then seek legal advice before publication.  

Screenshot: Legal terms on YouTube

The rise of digital journalism, means both citizen journalists and professional journalists face very similar legal issues when reporting news or information, regardless of the platform that it is being reported on.