It's so easy to steal content on the Web these days that it feels like "everyone" is doing it sometimes. Whether it's through publishing your blog content from an RSS feed without consent (a debatable issue in and of itself) to blatantly ripping content from a site, what can you do to protect your rights when someone steals your work? Here are a few tips to set things right:
- Check your content regularly... especially your most popular content (you'll want to make sure there's no question who the author is). You can use tools like Copyscape, or simply search for unique phrases from your content in your favorite search engine.
- Send an email... a friendly email will often be enough to have your content removed from the infringing site, especially if it was an honest mistake of some kind. If a contact address isn't available on the infringing site, try doing a whois lookup (I usually start those searches with BetterWhois.com personally). If there's a private registration, try searching Google for "@theirdomain.com" to see if any email addresses pop up in your search. It will be pretty rare that you won't find anything at all. In these emails, I generally give them a set time frame (usually 48 hours), letting them know I'll be checking back at that time and taking further action if necessary.
- Send a Cease and Desist Notice... this will say much of the same thing that your email said, but it will be more formal, and would be your step before taking legal action. Inform them of their violation of your copyright, and when you expect it to be removed. Don't threaten to get a lawyer if you have no intention of doing it if needs be. You don't want to become known for being "soft" at playing hard ball.
- Bring in the lawyers... if the infringing party still refuses to remove your content from their site, and they have no legal right to display it, it may be time to bring in a lawyer. Depending on where you live, you may need to have a formal copyright registration with the government before you're able to sue. In that case, be sure to register your copyright the moment a law suit seems like a real possibility, assuming you haven't registered one previously, and you're within the time frame allowed for registration.
Tips to Protect Your Work
- While it's not always feasible to register everything you write, especially regarding things like daily blog posts, be sure to register your most important works (the ones that have the most value to you, that you want or need to be able to monetize exclusively).
- Don't submit writing to clients without at least a partial payment up front when possible. Make it clear that rights are only transferred to the client upon full payment in your contract or traceable correspondence.
- Be active in protecting your copyrights in your work! If infringers see that you're not taking the time to check and pursue them, they'll keep coming back for more content.
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Jennifer Mattern is a professional blogger, freelance business writer, and indie author. She began writing for clients in 1999 and started her first blog in 2004.
She owns 3 Beat Media -- a publishing and client services company which operates All Indie Writers as well as several other websites and blogs including The Busy Author's Guide and BizAmmo. Jenn comes from a background in online PR and social media consulting, having owned a small PR firm for several years before choosing to pursue a full-time writing and publishing career.
Jenn also writes fiction under multiple pen names in the areas of children's fiction, mysteries, and horror fiction. Jenn is an active member of the Horror Writers Association (HWA) and currently serves as the organization's Assistant Coordinator of Promotions and Social Media.
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