Publishing your website can be one of the most exciting times for a business owner. After all of your hard work and persistence, the whole world now has access to your products or services. You have either paid hundreds of dollars to have someone write your site content for you, or you have put your heart and soul (not to mention hour upon hour of hard work) into creating content of which you can be proud. In either case, youve invested time and/or money into your website copy. Now that it is out there for the whole world to see, it may be a target for all kinds of unscrupulous individuals.
Copyright infringement is a very common occurrence on the World Wide Web. How do you protect yourself? And, what can you do if someone steals your content?
Its important for you to know that anything you have written is copyrighted. You can register a copyright, but you dont need to in order for it to be illegal for someone to copy or reproduce your work without your permission. Any written text, painting, drawing, musical composition, photograph or computer program, be they published or not is protected by copyright law. Unfortunately, just because your work is copyrighted doesnt mean it is safe. Some individuals dont know that copyright laws apply to the internet, and others simply dont care.
With millions of websites out there, its difficult to know if your website has been targeted by thieves. A great tool to use in the protection of your website content is www.copyscape.com. Simply enter your website URL and it will scan the web for you. This is a free service, but if you have been a frequent victim of copyright infringement, you might want to consider their paid service, which automatically scans the web regularly for any duplicates of your content.
What do you do if you are one of the unfortunate victims of copyright infringement? How can you deal with the offender and avoid the high cost of litigation? The following are some simple steps that you can take to ensure that the infringer removes your material from their website.
1. Contact the offender. You can usually visit the contact page of the offenders website to obtain their contact information. If for some reason you cant find their coordinates that way, you can perform a search for who is to find many sites that can provide information about the website owner by simply entering their URL. The website owners contact information should be posted here, but if not, their website host will be and you should contact them. Keep your first contact civil. Calling or emailing the responsible individual with a stern, yet professional demeanor will be much more effective than yelling or name calling. Remember that the owner of the site isnt necessarily the writer, and if they are, then being nasty may not have the desired effect and in fact may create more problems for you in the long run.
2. Send a cease and desist order. If your initial contact didnt get the desired results, your next step should be to send a cease and desist order. You do not need to hire a lawyer to create one for you. A simple search for cease and desist order templates should give you an order that can be altered to meet your needs. Send one copy by email and one copy by registered mail and make it look as official as possible. Include a date by which the material should be removed. You want the offender to know that you mean business.
3. If action is still not taken, send a cease and desist order to the offending partys web host. Again, the host information is available by performing a search for who is . The majority of hosts will take action by temporarily removing the offenders site until the copied material is removed.
4. The situation should be resolved at step 3, but one more step that can be taken is to notify search engines of the infringement. Performing a search for the DMCA or Digital Millennium Copyright Act policies for each search engine will provide the information you need to contact each of them in order to request that the offenders website be removed.
Finally, its always advisable to protect yourself by keeping records of the dates your content was placed on your site. This ensures that the other party can be proven wrong it they claim to have posted their content first.
Placing your website and its content on the internet for the world to see is a proud moment. Its nearly impossible for you to be able to prevent the theft of its content, but the next best thing is knowing what to do if it does happen.
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Frequently Asked Questions
The following are questions referring to the ...
By: amit.knaani | 28-07-2007
The following are questions referring to the legal standing of creation in a collaborative website ? copyrights issues: Sampling matters: What percent of a picture is legal for use?What percent of music is legal for use? Is it legal to use a sample of a soundtrack from a movie? Same for a song?What percent of a movie is legal for use? Is there a difference between a new and an old movie?
Copyright in forwarding "viral emails"
By: Elad | 31-03-2007
Are there any clear rules nowadays concerning copyright in forwarding "viral emails"?
Copyright and fair use on the Internet
By: technophil | 27-03-2007
What is the most useful guide to copyright and fair use? I'm looking for something that non-lawyers can use, in order to know whether they are allowed to post materials (text, pictures, video, etc.) on the Web.
Viacom vs. Google
By: schlissel | 14-03-2007
Viacom decided to sue Google over copyright infringement on YouTube. What's going to be Google's line of defense? After all, they can't deny that there are tons of copyrighted videos on YouTube and they are making money from the traffic these videos are generating.
Are copyright protection rules world wide or are ...
By: Deni | 07-01-2007
Are copyright protection rules world wide or are they individual to each country?
Mighty Mouse Cartoon Character Copyrighted or in Public Domain?
By: needtoknow | 23-12-2006
I would like to use the name "Mighty Mouse" as part of my business name for a delivery service based business and utilize the Mighty Mouse cartoon character as my logo. I understand this cartoon character and name were first created way back in 1942. I am wondering if the name and cartoon character is in public domain or is it still copyrighted?
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