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Z (Archived) Copyright - Cut and Paste Copyright Issues

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Marc

Captain Nice
Staff member
Admin
#41
Re: Copyright - Cut and Paste Copyright Issues

You can email the site webmaster, and then escalate by contacting the ISP hosting the infringing site, but in the long run if a polite request doesn't work you're looking at significant lawyer fees. Do an internet search on "site scrapers" or similar. Essentially you're wanting to send them a DMCA take down notice.
 
#42
Re: Copyright - Cut and Paste Copyright Issues

I think the essence of what Marc or most other website operators will tell you is that the burden of vigilance falls upon you

  1. to spot when others take and publish your material
  2. to determine whether the offending web site is stealing on purpose to use your material for its benefit, OR
  3. whether the offending website is unknowingly publishing pirated material from contributors (this is a continual "problem" here in the Cove)
  4. to determine whether you are losing money or credibility or giving advantage to competitors by having your material published without attribution or pay on someone else's website.
  5. If there is a real loss to you, other than mere annoyance, you can follow these steps (in increasing effort and cost to you):

  • Contact the webmaster of the offending site and ask politely (don't start the battle immediately!) that he remove it, offering a link to your own page showing where you created the material. 9 times out of 10, the webmaster will comply without ANY threat of legal action by you. If he ignores you or does not remove it within a reasonable time (about a week - many sites are not as well-maintained as the Cove), proceed to the next step.
  • Check through channels to see what ISP is hosting the website (some, alas, are notorious for hosting "bad guy" websites and won't do anything to help you), then lay out your case to the ISP for a DMCA (Digital Millenium Copyright Act) takedown notice. In the spirit of fair use for education purposes, I have excerpted this comment from the website, http://www.chillingeffects.org, one of many where I found identical or similar text
In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:
  • The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
  • The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
  • Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.

BEFORE YOU DO ANYTHING!
Check to see that your stolen material is, indeed, "copyrightable" (regardless of whether you have applied for formal copyright.) If it is not, you are dead in the water. From the website cited above, here is a brief description to use as a rule of thumb:
Question: What subject matter is not copyrightable?
Answer
: Copyright protects original works of authorship fixed in a tangible medium. Copyright does not protect facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. 17 U.S.C. ? 102(b). To the extent a copyrightable expression and uncopyrightable subject matter are inseparably linked (?merged?), copyright protection for the expression is generally unavailable.
These limits serve several purposes. First, they help make sure copyright does not burden creativity. If one could copyright not only the TV show "The West Wing," but also the idea of a story about a fictional President and his advisors, then many other creative works would be stifled. See Baker v. Selden, 101 U.S. 99 (U.S., 1880).
Second, these limits help ensure that copyright promotes and rewards creativity. Originality is required by the Constitution for copyright protection. Original in this sense only requires that the work be independently created with some creative effort; it is does not require that the work be novel or innovative. Facts and other discoveries do not meet this standard and are therefore not copyrightable. Feist Publications v. Rural Telephone, 499 U.S. 340 (1991).
Finally, these limits keep copyright from extending into other areas of intellectual property law. Procedures, processes, systems, and methods of operation are functional, useful inventions within the scope of patent law, and are therefore not copyrightable. Baker v. Selden, 101 U.S. 99 (U.S., 1880)
A few common examples of noncopyrightable subject matter include:


  • Blank forms are not copyrightable because they are functional in nature. Baker v. Selden, 101 U.S. 99 (U.S., 1880) and 37 CFR 202.1(c)
  • Copying a set of contest rules was deemed non-infringing because there were only a limited number of ways to express the rules. Thus, the non-copyrightable idea of the rules had merged with the expression (also described as "the merger doctrine"). Morrissey v. Procter & Gamble Co., 379 F.2d 675 (1st Cir., 1967)
  • Recipes and other ?mere listing of ingredients? are functional and not copyrightable. 37 CFR 202.1(a)
  • Typefaces and ?mere variations of typographic ornamentation, lettering or coloring? are generally not copyrightable. 37 CFR 202.1(a) and (e)
  • Stock characters or generic settings and themes may also be unprotectable.

On a personal note,
I recognize how frustrating it must be to work on something you present with all the pride of creation, only to have some thief steal it and use it to his benefit. You have my sympathy.
 
J

JaneB

#43
Re: Copyright - Cut and Paste Copyright Issues

Hello,
I am seking your kind advice, please. One of the new website is continuously copying the contents from my website & pasting on his own. Unfortunate part is that I don't have any copyright on my self created contents so far. Is there any way to tackle such a website indulging into an unethical act. Kindly help
Yogindernath
This makes me really mad - I've had it happen to me a few times with material on my website. I found that a couple of other unethical consultants had obviously liked what I wrote because they pinched it and copied it word for word, paragraph by paragraph into their own website. Now that was definitely my writing and my material.

If they had asked permission to link, I wouldn't have minded (I'd have been flattered). But just take it 'because you can'? Nope - it is theft.:mad:

But there are things you can do. I found this Copyscape site very helpful. I have used its free search facility to find copyright thieves, and then used the advice from the site (and the forum on it) to send stern letters to the offenders, warning them of further action I intended to take, including notifying various parties of the theft and reporting them to Google. This worked.

Don't take it lying down!
 
C

chaosweary

#44
Re: Copyright - Cut and Paste Copyright Issues

I bought several childrens bible books for my son. I wonder how they can say the content is copyrighted? :lmao: Imagine the royalties paid out for the Bible or Koran!!!

I guess in the big picture is it better to copyright information or make it available for the advancement of everyone?
 
#45
Re: Copyright - Cut and Paste Copyright Issues

I bought several childrens bible books for my son. I wonder how they can say the content is copyrighted? :lmao: Imagine the royalties paid out for the Bible or Koran!!!

I guess in the big picture is it better to copyright information or make it available for the advancement of everyone?
Copyrights DO eventually expire, at which time the content falls into public domain and anyone with a desire may republish and sell such material.

There is a website which makes a specialty of providing public domain documents -
Project Gutenberg

You might take a moment to look it over to see what LEGAL use of previously copyrighted material can do in furthering the cause of education and entertainment.

I especially recommend reading over the facts contained on this page at the site:
http://www.gutenberg.org/wiki/Gutenberg:Copyright_FAQ

As always, "Knowledge is Power!" The more facts you have at your command (versus half-formed opinions based on zero facts), the more effective you will be in your career and personal life.
 
C

chaosweary

#46
Re: Copyright - Cut and Paste Copyright Issues

As always, "Knowledge is Power!" The more facts you have at your command (versus half-formed opinions based on zero facts), the more effective you will be in your career and personal life.
Alas "facts" usually have some type of human interpretation behind them, most having some type of human manipulation. Facts are only as good as the people that put the truth behind them. I could get link upon link from any government or scientific source, but never truly believe it unless I have evidence of it myself. Something may be a local or federal regulation, that maybe a fact, but if its not enforced or if no-one has knowledge of it or realizes it, then it is really non-existent, like the sound of a tree falling in the woods.
The true power of fact is not in the empircal evidence but in the delivery and presentation of the facts and universal recogition. Now, where are those WMD's? Global warming, global cooling, wait, ahhhh Climate Change! :lmao:
 
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Marc

Captain Nice
Staff member
Admin
#47
Re: Copyright - Cut and Paste Copyright Issues

I'm having trouble agreeing it's better to do a large amount of cutting, copying & pasting of others' information and putting it in here.

Would it not be better (& overall more courteous) not to copy & paste information published by others, but instead to provide specific links to the real information on the site, along with an indication of what information you're providing links to?
I have updated the forum Policy on Copy/Paste. Times are changing on the internet. If anyone *does* Copy and Paste, no more than a brief description and a sentence or two. You MUST cite the source of what you have copied. The same goes for files attached to posts.
 
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