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Digital Millennium Copyright Act - Bloggers Beware

By
Real Estate Broker/Owner with South Florida Real Estate & Development, Inc. BK3027955

Digital Millennium Copyright Act -

The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998.

It protects bloggers on the internet from copyright infringement. It is illegal for those who love to copy and paste material that was not written by the poster, but "borrow" or steal original content and place it on a post as your own.

There are many implecations and penalties, and you will be in libel for a judgement against you - and it could cost you big time - lots of money and even your reputation which to me is worth more than money!

There are those in Active Rain that are copying and pasting "whole" blogs, and pasting it on their posts and pointing out how "good" or "bad" the blogger and the blog is.

Without permission from the original poster, you place yourself in danger of copyright infringement penalties.

Google Blogger has a place where you can actually file a complaint and I have included this is this post.

Just because it is submitted in Active Rain - does not give anyone to copy and paste original material without the express written permission from the original poster.

I have spoken with Bob Stewart of Active Rain who he has informed me that he has to remove hudreds of posts a week which violate the copyright laws and the Digital Millennium Copyright Act.

Please make your life easier this year - avoid lawsuits and use your original material in Active Rain or get permission from the person who are trying to exploit, use, or profit from.

Active Rain also has a wat to "ReBlog"a post without violating copyright laws and the poster gives permission.

Happy Posting and Happy New Year!

Digital Millennium Copyright Act - Blogger

 It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Google as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.

* Photo courtesy of Flickr.com

Comments(81)

Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

NIcholas your follow up responses are equally as valuable as your original post.  Great featured post.  Good job.

Jan 07, 2010 08:56 PM
Wendy Rich-Soto, Realtor/Broker Associate
Keller Williams Realty, LA Harbor - San Pedro, CA
Getting you to your next with a zero failure rate!

We need to be aware of these laws!  While it seems like it should be common sense not to steal someones words...people do it...Often!

Jan 07, 2010 08:58 PM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

BTW Nick, I believe that the primary play by play, slice and dice offenders of AR may recognize themselves in this post because I don't see a single comment from these AR blogger who almost always comment on a featured post.  I hope that they are not so arrogant as to not recognize themselves as a culprit of this copyright "crime" but that's a hope that is probably lost in the wind.

Jan 07, 2010 09:07 PM
Claude THOMAS
Rossman Realty Group - Cape Coral, FL

Use a n article spinner instead and you'll be fine.."-)

Jan 07, 2010 10:13 PM
Tony Grego, 317-663-4173 #1 Trade Association for Alternative Inv
REISA - 317-663-4173 - Indianapolis, IN

Good post.

Need to remember that we are no longer in school and it is not ok to look at your desk mates paper and copy the answers.

Tony

Jan 07, 2010 10:21 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

I've collected money damages from two ActiveRain members who published my copyright protected maps on their web pages.

As for copying and pasting articles with attribution, attribution is not permission.

I found an entire copyright protected article on an agent's web site.  I'm noticing their broker this week.  If they were local, I'd make them pay money damages.  Out of town thiefs are a bit harder to deal with so I'll just let their broker know.  For now. . . . . . .

I currently have 6 copyright actions in varous stages of litigation or negotiation. 

When will the real estate industry take this matter seriously????  I've spoken with the assistant general counsel of a mega broker in my area because no less than 5 of their agents have published my copyright protected images on their web sites.  Yet, the broker/owner has done nothing, absolutely nothing to stop the practice. 

Anyone can quickly learn the copyright facts by simply reading the http://www.copyright.gov web site.  It's all right there. 

 

Jan 07, 2010 10:23 PM
Irene Kennedy Realtor® in Northwestern NJ
Weichert - Lopatcong, NJ

Nicholas,

I can only hope those who need this info most actually take the time to read your great post!

Jan 07, 2010 10:57 PM
Mike Jaquish
Realty Arts - Cary, NC
919-880-2769 Cary, NC, Real Estate

Maybe AR needs to disable "copy/paste" functionality.   Wouldn't that be fun!

If Bob is only deleting "hundreds," how many are left because they are not reported or noticed?

Jan 07, 2010 11:25 PM
Esther Harnsberger
Keller Williams Realty Success, Littleton, CO - Denver, CO
Your Denver Home Source 303.902.1435

C&P is easy; Critical Thinking is not.  Realtors take oaths to be ethical. Let's live up to the those standards and be courteous enough to ask for permission, not beg for forgivness. 
Esther Harnsberger

Jan 08, 2010 12:22 AM
J. Philip Faranda
Howard Hanna Rand Realty - Yorktown Heights, NY
Associate Broker / Office Manager

I've seen my photos lifted and filed a DMCA just this past week. It is serious business to use someone else's material without permission. 

Jan 08, 2010 01:15 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

Nick, thanks for the links to reporting.

What I want to know is this: I have a couple of local agents that set up rss feed blogs, they use my content all the time, and then I get a google alert on it.

They run Google Ad word campaigns on their site.

Jan 08, 2010 01:46 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Thnaks for the Google complaint reference. I am not aware of anything that I have blogged here or on WordPress that has been copied without permission, but if I do I am on to Google.

Jan 08, 2010 03:08 AM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

My words have been plagiarized on more then a few occasions....word for word with NO credit given so they pass the article or blog off as their own to grow THEIR sites.  Honestly, the attorneys I have contacted don't take this seriously and if you do find one to take it on, they charge so much money!  You really (sadly) can't do much about it....

Jan 08, 2010 05:19 AM
Jean Hanley
Coldwell Banker Kivett Teeters - Hemet, CA
Specializing in Folks Who Want To Buy/Sell Homes

I actually attended a meeting at our local association of realtors here in Hemet/San Jacinto a few weeks ago, whereas our real estate attorney spoke on this very subject.  It seems to be an ongoing problem, and people just don't get it.

Good for you Lenn for going after these folks.

Jan 08, 2010 09:56 AM
Jeana Cowie
RE/MAX Real Estate Limited - Paramus, NJ
Broker Associate, ABR, CRS, GRI, SRES

Nicholas,

Thank you for the legal info & for teaching us to play it safe by being original.

Jan 08, 2010 09:59 AM
An Marshall
Berkshire Hathaway - St. Augustine - Saint Augustine, FL
Your St Augustine Real Estate Consultant

Thanks for the reminder..... I love the re-blog button.

Jan 08, 2010 12:19 PM
Damon Gettier
Damon Gettier & Associates, REALTORS- Roanoke Va Short Sale Expert - Roanoke, VA
Broker/Owner ABRM, GRI, CDPE

I am glad there is a law protecting this content.  I did not know.  Thanks for posting.

Jan 08, 2010 01:32 PM
Mykel Martin
(909) 476-9600 ~ WeLoveSellingRealEstate.com - Rancho Cucamonga, CA
Realty Masters & Associates

This is a good post.  Thank you so much for this information.  I had never heard of the Digital Millennium Copyright Act.  Glad to there is something that can be done when people take what they don't own and call it theirs.

Jan 08, 2010 04:35 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

You are so timely in sharing this.  People need to come up with their own original thoughts.  All this copy and pasting nonsense is just plain rotten.  I've had people still my language and forms right off my website in the past.  It truly is disgraceful when someone still another person's work and claims it as their own.

Jan 09, 2010 01:32 AM
Claude Cross
Homes By Cross, Inc. - Charlotte, NC
Charlotte NC Homes For Sale

I thank you for this as I missed it when it first came out. Having just discovered another theft of my work (outside AR) I was angered. I searched AR and there you were. This is being re-blogged.

Feb 08, 2010 10:40 AM