Legal Question in Family Law in New Jersey

intellectual property of blog content and admissablity

Can blogs be authenticated and admissable? If writings in a blog are marked as ''fictional'' by the author (supposed or real) can they still be admitted to family court? If the contents of a blog are creative writing, and it is stated that they are the intellectual property of the author, can they be copied and admitted to family court (authenticated or not)? Can out-of-context, edited quotes be pulled from a blog, have editorial added, and be submitted to family court as fact, while leaving out the rest of the writings contained in the blog?


Asked on 4/18/06, 1:02 pm

1 Answer from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: intellectual property of blog content and admissablity

In my opinion, there is no one way to easily answer the question. I would first need to know more information about the entire context of the situation. First, if you have an attorney, he or she should answer this question for you. If you don't have an attorney, I think you are in for a lot of problems with your case.

Next, we need to divide things into can or will. For example, whether something "can" be done in an evidence or procedural process is far different then whether something "will" be done. Keep in mind that Judge probably has no clue what a blog is anyway.

As you can test for yourself, anytime you print out a webpage, the date and URL print out at the bottom. Without that, there is a good chance that it was edited. Also, the other party would have to link it to you directly which may not be possible. Finally, the Judge may admit it but decide to not take it into consideration.

As I said, there is no one way to answer this quection as these cases are not equations in which you plug in data and out is spit the same result every time. However, if you have a good lawyer, he should be able to prevent another party from using edited, out of context information in a divorce proceeding.

Jef Henninger, Esq.

Statewide family law practice

732/247/3340

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Answered on 4/18/06, 3:29 pm


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