Having been the target of copyright thieves, and working with writers, authors, and photographers on copyright protection and laws for over 25 years, I thought I’d talk a little about what to do when someone steals your content.

First, you noticed that I didn’t say “if” someone steals your content. That was on purpose. With the glut of information on the Internet, it’s now a matter of “when” not “if”.

The first step in learning about what you can do when someone steals your content is to know that it will happen, so the more prepared and informed you are, the better your chances of prevention and having a plan in place when they steal.

As the number of websites and blogs grow, especially splogs, the demand for content puts more pressure on website administrators, who may resort to stealing content in order to fill space on their sites and attract traffic. Website hijacking, as such an example, is on the rise. This is the blatant use of part or all of your site’s content on another site without permission. This is also a copyright violation and needs to be dealt with accordingly.

Copyright laws were designed to protect those in society whom we celebrate and honor, often representative of the lowest paid workers, the artists. We don’t expect to take freely work from our doctors, lawyers, plumbers, electricians, mechanics, or others whose work we value and honor with compensation. We expect to pay them. And if we don’t, the collectors will come after us.

But there is something about a writer, poet, composer, and photographer that makes people expect their work needs no compensation. Just take it. Have we glamorized the “starving artist” notion so much, people think taking income producing content from them without compensation is okay? That a “link back” is credit enough for their hard work and expertise? Where did our society go wrong in that value judgment?

This is the first of three articles. This article covers tips, information and resources to help you deal with copyright infringement, the theft of your blog or website content. The second article includes helpful links and resources for finding stolen content and copyright infringements. The last article in the series examines the growing trends in content theft such as image hotlinking, website hijacking, and abusive use of feeds to replace original content without permission, as well as other copyright infringements on the rise.

At the end of this article, there are many links to more information to help you understand and confront copyright violations, as well as some WordPress Plugins that will help you post copyright notices on your blog and feed, as well as help you track and uncover copyright violations.

Confronting Content Theft

If your wallet, car, or purse is stolen, or your home robbed, you have the police, security, and insurance companies to call to help you recover your goods and get compensation. If your content is stolen, who can you turn to for help and aid?

Unfortunately, until an agency is established to defend your creative rights, most of the fight is up to you. Don’t be overwhelmed by the thought. I hope to make the process of recovering your stolen material simple to understand and easy to implement.

The second step in dealing with content theft is clearing up some major myths about copyright, copyright violations, and the Internet.

• Going after someone for theft and copyright violation is NOT time consuming or expensive.
• It does NOT require a lawyer.
• It might NOT require anything other than some simple actions.
• The protection of copyright laws should NOT be left to the “companies with the money”.
• Protecting and defending copyrights is NOT complicated.
• WRONG: The companies with money think nothing of violating copyrights, so there is nothing to do about it.
• WRONG: Everything on the Internet is/should be free.
• WRONG: You put it on the Internet, what do you expect?

Don’t understand what is and is not copyright protected and how it works? Check out Introduction to Copyrights and 10 Big Myths About Copyright Explained. Also check out the Copyright Crash Course.

Just because information is on the Internet does not mean it’s “free” to take and steal. Information, images, graphics, designs, and photographs, all are protected under copyright laws and are known as intellectual property. While it is nice to think that everything on the Internet is or should be free, for the most part it is. It is free to read, look at, wonder about, and even write about. It is not free to steal, make money from it, or use it as your own.

As for the cost and trouble of tracking down and stopping content and intellectual property theft, let’s look at who the thief is. Someone who steals your content, be it writing, image, graphics, or photography, is often a single person (not business) doing something they haven’t yet been spanked for, so they think it’s alright to do. They are not rich. They are often not very smart.

Understand stealing content is illegal, be it photos or writing. By going after someone for stealing your content, you are protecting the millions of others who let it slide. It is important that we all get educated and know what to do when someone steals our content, and we need to teach others that this is wrong - very wrong and very illegal. If we all work together, hopefully there will be no more ignorance and everyone will be smart about copyrights. Original content will be respected and protected.

If the issue of people stealing your content doesn’t bother you, be sure and mark your website or blog accordingly with a copyright tag that says “help yourself”. Display a copyright notice, like one from Creative Commons, that says “free for the taking”.

If it does bother you, you can display a copyright policy notice to inform your readers that your content is yours - don’t touch. Or you can choose another copyright policy that says something between. Check out all the different copyright options at Creative Commons. They also feature small logos, like the one in the sidebar here, which designates which rights users have to use your content.

Usually the issue of content theft is over before it is even started with a simple email advising them of the theft. Unfortunately, the myths keep people from taking action to protect their copyrights - and in turn, this perpetuates the myth that nothing will happen if you steal.

I will cover the following topics and issues on what to do when someone steals your content:

• Identify the Source
• Contact the Content Thief
• Cease and Desist Order
• Contact Advertisers
• Request a Ban from Search Engines
• Register Your Copyrights: Prevention is Protection
• More Information on Copyright Laws, Intellectual Property Laws, and Content Theft Prevention
• Finding Stolen Content and Copyright Infringements
• The Growing Trends in Content Theft

Tracking Down the Source and Taking Action

Once you find your content has been stolen, you need to track down the source of the theft. The source of the theft is who stole it in the first place. If one person steals some of your writing, someone else may either steal it from them, or link to it as if it was the source. With links and copies of the stolen material spread around, it can be confusing to find out where the source of the initial theft was, as well as tracking down all the links to that source.

If you find that others are linking to the stolen material as if it is the source, then contact that website owner or administrator (often called the webmaster) and let them know you are the original source of the information and ask that they change their link to your site with the original content. They will often post a correction, stating that their link was in error and point out that the others stole the content or misrepresented themselves.

However, finding who the original thief is and how to contact them can be a bit more of a challenge. A lot of blogs and websites are anonymous, with little or no information about the web owner, administrator, designer, or host. Still, with a little work and information, you can find the contact information. Check the following locations and resources:

• Contact Page
• About Page
• Credit Page
• Footer notes
• Author Page
• In the web page source code meta tags
• Email links in the page source code (search for “mailto”)
• Email forms

One you have a contact name, address, or email, you can then take the next step. The following are some resources for tracking down site ownership and contact information. Even if you can just find a name or business name, you can then use the directories to track down a mailing or email address.

• Internic Domain Name Search
• WHOIS
• Alexa
• Blogshares
• Google them
• Whois Godaddy
• Network Solutions Whois
• DNS Stuff

Contact the Thief

Once you have identified the thief, the first step is to contact them. It’s critical to let them know that they have done wrong and that you know about it. Your goal in contacting the thief directly is to:

• Inform them of the theft
• Request removal, correction, modification, and/or compensation
• Open a dialog
• Gather information
• Create a paper trail of evidence

Keep professional at all times. Begin your confrontation with the content thief calmly and carefully. Some people steal outright and don’t care, and it is instinctive to want to hurt them back, but don’t. Keep this professional, even if the response you get is unprofessional. You be the bigger person.

Some people don’t even know they are stealing your content for a variety of reasons. Give them a chance to explain and change their ways, and to remove the content before you start threatening. Remain professional and this might be quickly solved.

While many people want to immediately use their big guns, I seriously recommend a nice simple email or letter that says basically the following, and sent to every contact address or email you can find:

This is to advise you that you are using copyrighted and protected material on your website/blog. Your illegal use of XXXX article at XXXURLXXX is originally from my website/blog called XXTITLEXXX at XXXURLXXX. This is original content and I am the author and copyright holder. Use of copyright protected material without permission is illegal under copyright laws.

Please take one or more of the following actions immediately:

• Re-write the post to include excerpts with a link to the original content.
• Credit the material specifically to me, as author, and my website [be specific].
• Provide compensation for use of my copyright protected material of $XX.00 USD paid via [payment method].
• Remove the plagiarized material immediately.

I expect a response within 5 days to this issue. Thank you for your immediate action on this matter.

The response can come in many forms. I’ve received responses from people who immediately removed the content with an apology, admitting that they just liked the material and didn’t know they were doing wrong.

One person apologized for their ignorance of the law, then went on to tell me how disrespectful and ungracious I was because she’d posted what I’d written for a friend dying of cancer to cheer him up. I’m sorry about her friend, but theft is theft. If she had asked, I might have said yes, but stealing is still illegal, no excuses. Making me feel guilty for confronting the theft isn’t my problem. It is your problem.

As a website owner, manager, maintainer, or administrator, know the rules and law protecting not only the rights of others, but your rights for your own original content.

Gather Information and Evidence

Once you have contacted them, you wait. The response may be immediate or it may never come. While you wait, you take action.

Gather information: Compile all the information you have from your search to identify the source. Put it all together in a file folder on your computer, including correspondence. Make backup copies, just in case.

Create a paper trail: By gathering the information and saving it onto your computer (with backups and printed copies), you are starting a paper trail of evidence that might be used in the future if needed. It also will help you learn about what worked and didn’t work when the next copyright infringement happens. Print out copies of every piece of evidence. Include screen captures using graphics programs of file dates, samples, and examples. Put these all together in a folder as ammunition.

DO NOT SEEK REVENGE: Spamming, publicizing, or abusing the content thief will only bring suffering back to you. Stay professional. Defacing someone’s website, targeted spamming, and even publicizing the copyright violation can lead to criminal and legal action being taken against you. Even if legal action is not brought against you, your reputation may be ruined by such attacks. Be professional. There is a time and place for public outcries. The beginning of the process is not the time to go public.

Establish ownership: You need to be ready to prove that you are the owner of the material in question, so start gathering the proof you may need to prove you are the original owner and the copyright owner. Prepare as many of the following as possible:

• Search Google and screen capture the results showing the original cache file with the date on it showing when it was spidered.
• Print out a copy with the posted date visible.
• Create a screen capture of your MySQL database record with the original post date information.
• Print document information from a word processor of the history of the document (if written in a word processor).
• Screen capture or print copies of dated comments made in response to the original posting.
• Compile copies of notes with dates you may have made in preparing the document or images.
• Create copies of the original, unedited images with the file date.
• Get a notarized copy of the image or article.
• Establish proof of registration with the Copyright Office
• Find witnesses who read your site consistently and will testify to the date of post.
• Comparisons their site pages’ source code with yours to document exactly how much of your content was stolen, including code. Mark it clearly on the printed copies.
• Go through your backup copies of your website and website database to find the oldest copy you can with the stolen material in it.
• Visit Archive - Way Back Machine, part of The Archive, to find past views of your site, possibly highlighting the stolen content.

Register Your Copyright: While your content and images are copyrighted upon completion, that copyright protection is limited. Think prevention now and take time to register your copyrighted material. For more information on how to register your original content, see Registering Your Copyrighted Material in this article series.

Be prepared for resistance: Be aware that there are also form letters available to counter your claim of copyright infringement. One example, Do-It-Yourself Counter Notification Letter, outlines a very specific legalize rebuttal. Part of preparing yourself for tackling copyright infringement and theft is to know thy enemy.

Wait the full 5 days for a response and if you get none, then you can step things up by sending a Cease and Desist Order.

Cease and Desist Order

A Cease and Desist Order is just a form letter with legalize that says “Stop or Else”. Also known as a C&D, there are many templates found on the web, with examples listed below. Find one that meets your needs and customize it for your specifics.

A Cease and Desist Order is a definite step up in implied threat for action. Accordingly, instead of waiting another 5 days, I recommend you shorten the time to respond to 24 to 36 hours. A Cease and Desist Order means business, and it means business now.

While your first contact letter should go to the party directly involved, a Cease and Desist Order might be worth sending to everyone involved. If you have enough information to realize that the individual won’t respond, consider sending the Cease and Desist Order to every contact you can find related to the website, including the website server host and advertisers, to make sure that all parties get a chance to see it.

Usually this legal looking document with a threat of monetary damages does the job. If it does not, then definitely contact the host server with the Cease and Desist Order, advising them to shut down the site if action to comply with the Cease and Desist Order is not seriously. Most hosts will jump to avoid such actions and will temporarily suspend the site. On occasion, you may find that the host server isn’t the “parent” host, but part of a shared host service. Keep following the breadcrumbs up to the parent company who runs the server.

A Cease and Desist Order can consist of some or all of the following:

• Notification of the copyright infringement and theft of intellectual property.
• A demand that they cease and desist from infringing your copyrights.
• A clear time table for response and deadline.
• Specific request to remove or destroy the page with the stolen content, or another move that will satisfy your need to have the theft stopped or controlled.
• Inform them that they are liable for any and all attorney’s feeds, court costs, and damages (only valid for registered copyrighted work - so register your work now.)
• Inform them of any intentions you have to send copies of this Cease and Desist Order to their ISP, host, advertisers to let them know of the infringement.
• Clearly state you will take further legal action is this is not resolved to your satisfaction by the deadline.
• If you want, reinforce your statements with the contact information of your lawyer.
• Request for identities and URLs of all links to the stolen content.
• Demand for an accounting of all profits and income derived from use of the infringed content.
• Demand for compensation for any and all profits and income derived from the copyright theft.
• Demand for compensation due to lost profits, income, and reputation.
• Clearly state how they are to respond to you regarding this action, by phone, email, in writing (mail), and if they are to respond directly to you or to your legal representative or lawyer.

Make the letter or email as official looking as possible. If your logo is cute and cartoon-like, create a new, professional looking style just for the serious nature of this letter. For emailed Cease and Desist Orders, make them simple, clear, and easy to read, with double spacing between paragraphs and a clear title. Do not use background art or stationery. Make it look like a memorandum.

If this doesn’t work, which it usually does, then it’s time to take bigger steps. The following will help you learn more about Cease and Desist Orders.

• A Preliminary Report on the Chilling Effects of “Cease and Desist” Letters
• Copyright Crash Course - Sample Cease and Desist Letter
• Chilling Effects Clearing House - Copyright Infringement and Cease and Desist Letter Examples and Resources
• Dive Into Mark - My First Cease and Desist Letter
• Online Policy Group - Sample Copyright Infringement Letter
• Webmaster Techniques - Someone is Stealing Content - How to Write a Cease and Desist Letter
• Web Techniques - Cease and Desist Example Letter and Article
• Wikipedia - Cease and Desist Letters
• The Free Expression Policy Project - A Preliminary Report on the Chilling Effects of Cease and Desist Letters
• Smith Hopen - Intellectual Property Litigation - The mechanics of ethical and effective cease and desist letters

Contact Their Advertisers

Advertisers (most of them) want to do business with reputable people and companies. They want to know that their advertising is being used in the right way and for the right reasons, attracting the right customers. If the initial contact and Cease and Desist Order doesn’t resolve the matter, then it’s time to get really serious. Hit the content theft abuser in the pocket book and let their advertisers know that their ads are being showcased with illegally used content.

Send advertisers a letter or email outlining the specific copyright violations and copies of your requests to stop and the Cease and Desist Order. Don’t just send the Cease and Desist alone. It won’t carry much weight as a third party, but a letter describing your attempts with copies of the ignored and disobey order is usually enough to convince them to pull all advertising contracts with the abuser. In some cases, they have more information about the thief than you do, so they may even take steps to inform them and their host server, doing part of the work for you.

Don’t start with the advertisers. You need to go through the other motions to build a case against the content theft that you can show to the advertisers. But when they see it, expect immediate action.

And if that doesn’t work, then it’s time to call in the big guns and request their removal from search engines and that the search engines take their own actions.

Request a Ban from Search Engines - The Digital Millennium Copyright Act of 1998

The Digital Millennium Copyright Act of 1998 (DMCA) was created as an act which:

…criminalizes production and dissemination of technology that can circumvent measures taken to protect copyright, not merely infringement of copyright itself, and heightens the penalties for copyright infringement on the Internet.

Okay, so what does that really mean?

While not perfect, DMCA Title II states:

[The DMCA] creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they promptly block access if they receive a notification from a copyright holder or their agent.

This means that if you contact the online service provider, including search engines, they are compelled to work for you to stop the copyright infringement and violation.

According to Google’s DMCA statement:

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

To take action, Google recommends:

• Identify in sufficient detail the copyrighted work that you believe has been infringed.
• Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
• Provide information reasonably sufficient to permit Google to contact you (email address is preferred).
• Provide information, if possible, sufficient to permit Google to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
• Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

If you have been following my instructions, you would have most of that information. Do not do this lightly. In general, once a complaint has been filed, the site owner has little or no opportunity to respond or resist. While they try to put safe guards in place, search engines don’t have time nor interest in “helping”, only taking action. This is very serious action, and it can also be against you if you offend someone who files a similar complaint. Use this only as a last resort and only with clear and obvious evidence of violations.

The following is information on contacting search engines and services directly.

• Yahoo DMCA Policy and Instructions
• Google’s DMCA Statement and Policy
• MSN - About DMCA and Policies
• How do you send Digital Millennium Copyright Act (DMCA) notifications to the major search engines and directories asking that they remove copyright violators from their sites?

Register Your Copyrights: Prevention is Protection

If copyright infringement and protection is something that worries you, take the time right now to make sure you have a copyright notice on your blog. It doesn’t have to be on every page, but it does need to be prominently displayed somewhere. Some people include a specific Page called “Copyright” or post the copyright notice on their About Page. You can also include a copyright notice in the footer of every page.

If you are really worried, consider registering your writing and photography with the US Copyright Office. You can submit multiple articles or photographs in a single registration as a “collection” with one title for the entire collection, if certain conditions are met.

Fill out the appropriate form(s) for registering a collection of unpublished works and follow the instructions for registering your copyright, with careful note of the instructions for registering a collection. The collection registration submission requires the first and last 25 pages printed out, but the entire collection can be on CD-ROM as long as the files are in a common format such as HTML, doc, txt, pdf, or rtf.

New! The US Copyright Office has started a beta program for digital filing. If you would like to participate and help this program develop, check out the Copyright Office Beta Digital Program Announcement.

You don’t have to register your copyrighted material but it helps in a court of law, if it ever gets to that point. The cost is minimal and is good protection. According to the Copyright Office, registrations made before or within 5 years of publication will “establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate” and if made 3 months “after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.” While the courts or lawyers might change their mind on this, this is the policy.

More Information on Copyright Laws, Intellectual Property Laws, and Content Theft Prevention

This is just a brief introduction to your options when deciding what to do when someone steals your content. For more information on content theft, legal rights, copyright, intellectual property laws, licensing, permissions, and prevention, I’ve included a list of resources to help.

Legal Topics, Copyright, Intellectual Property Laws, and Licensing

• Text of the Digital Millennium Copyright Act of 1998
• Digital Millennium Copyright Act (DMCA) Archive
• Copyright Infringement Information from US Copyright Office
• Copyright Law of Canada
• Plagiarism Today
• Copyright Law of the United States of America (Library of Congress)
• The UCLA Online Institute for Cyberspace Law and Policy - The Digital Millennium Copyright Act
• DCMA Legislation (pdf)
• Web Site Content Theft - What Exactly Is Copyright?
• World Intellectual Property Organization
• World Intellectual Property Organization - Copyright and Related Rights
• Creative Commons - Licenses and Copyright Protection
• EFF FAQ - Questions About Copyright
• US Copyright Office

Content Theft Commentaries

• Content Theft, Copyright and Plagiarism in the Blogosphere
• Business Web Content Theft: 3 Myths
• Marketing Sherpa - Blog Copyright Theft On The Rise
• Thwarting Image Theft: Fact or Fiction?
• The Free Expression Policy Project - The Fair Use Project
• Content Theft? Please, Tell Me What You Think About This?
• Introducing a Shoddy Blogger
• Blog Content Rip-Off Is Stealing
• What to do When Someone Steals Your Blog’ Content - Blog Plagiarism
• Content theft on the rise: What now Scoble?
• Is Blog Plagiarism Growing–and are the Fakes Convincing?
• Protecting your web site from online thieves - Act now for your copyright
• American Libraries Online - It Takes a Thief: Coping with Stolen Content

WordPress Help With Copyright Issues

• Creative-Commons-Configurator WordPress Plugin
• Blog Copyright WordPress Plugin
• Numly WordPress Plugin
• Disclosure Policy WordPress Plugin
• Angsuman’s Feed Copyrighter WordPress Plugin
• (c) Feed WordPress Plugin
• Sig2Feed WordPress Plugin
• Podcast Release WordPress Plugin Helps You Get Permission
• Podcast Release WordPress Plugin
• Tagging Bookmarklet and Copyright Notice for WordPress.com Blogs
• AntiLeech WordPress Plugin by Owen Winkler
• Digital Fingerprint Detecting Content Theft WordPress Plugin by Max Power
• WordPress Plugins Battling Evil
• WordPress Plugin to Automatically Add Copyright Message to RSS Atom Feeds
• Yergler - WPLicense WordPress Plugin
• Guff Szub - Blog Copyright WordPress Plugin

Related Articles

• Finding Stolen Content and Copyright Infringements
• The Growing Trends in Content Theft: Image Theft, Feed Scraping,
• 10 Things You Need to Know Before You Blog
• Freedom of Speech - Bloggers Legal Rights
• Applaud Those Who Warn You: Your Blog’s Content Is Being Stolen
• WordPress Plugins Battling Evil
• AntiLeech Splog Stopper: Fighting Back Against Content Thieves
• Digital Fingerprints Help Track Blog Content Theft
• The Bitacle Battle of Blogs
• How To Spot a Splog
• Copyrights and the Blogger: Protect What is Yours
• Stop Content Theft Buttons and Badges
• Splogs - The Dark Side of Blogging
• What are Feeds?
• Maxpower’s Digital Fingerprint WordPress Plugin Updated
• Understanding GPL and Copyright in WordPress Community Podcast
• Copyright Law Tips from Daily Blog Tips
• Brag On: Jonathan Bailey Now Offers Plagiarism Advice on the Blog Herald
• Podcast Release WordPress Plugin Helps You Get Permission
• Modern Crusader: Plagiarism Today with Jonathan Bailey
• Can The DMCA Be Used Against You If Someone Doesn’t Like What You Blog?

---

Site Search Tags: copyright, content, theft, thieves, steal, stealing, stolen, protection, prevention, register, abuse, abuse, law, legal, abuse, rights, intellectual, property, stealing content, content theft, copyright violation, splogs, sploggers, spam blogs, spammer blogs, spammer, spam, stolen blog, stolen content
Subscribe Via Feedburner Subscribe by Email

Copyright Lorelle VanFossen, member of the 9Rules Network, and author of Blogging Tips, What Bloggers Won't Tell You About Blogging.