When you write a blog yourself, take a photo, or create an image in Photoshop, you automatically own the copyright to your creative work. As you all know, that won't keep someone from stealing it and posting it in their own web site or blog.

Until a few years ago, there was little recourse other than  expensive, time-consuming legal processes including Cease & Desist letters and lawsuits. Thanks to the Digital Millennium Copyright Act of 1998, we now have a practical, cheap way to stop copyright violators. The DMCA's Safe Harbor Provision protects an online service provider from liability from copyright violations by its subscribers or users if the provider expeditiously takes steps to block access to stolen material upon submission of a complaint. 

You probably don't need a lawyer to file a complaint. I've filed them myself and the process is fairly easy. First, contact the service provider or check its web site to find out the name of the person or department to whom you must submit your complaint, the service provider's "registered agent." Also find out if the company has any special procedures for submission of complaints: will they accept complaints by email, by letter, etc.

Next, write your complaint and submit it. The following elements are required for DMCA complaints:

-Must be signed or contain a digital signature by the owner of the copyright or the authorized agent.
-Description of works claimed to be infringed.
-Description of location for alleged infringing works.
-Sufficient information to contact the complainer.
-Statement of good faith belief that the use is not authorized by the owner/agent.
-Statement that the information in the notice is accurate and, under penalty of perjury, the complainer is authorized to act on behalf of the owner.

Typically, the service provider will respond by blocking access to or removing the copyrighted material, then notifying the offender and giving the offender and opportunity to file a counter claim. 

For more detailed information, see page 12 in the following summary of the DMCA legislation:

http://www.copyright.gov/legislation/dmca.pdf 

The DMCA takedown provisions are the only example I can think ofin which the government has actually made it easy for ordinary people to protect our legal rights. I encourage you to familiarize yourself with the takedown provisions and use them when appropriate.

 
Post is included in group: Point 2 Agent Sites

4 Comments on What to Do When Your Blog or Graphics Are Stolen

JUL
15
2007
209,942 Points 5 Featured Posts
Thats great advice, thanks for the information.  I'll book mark the link and keep it in mind.  Although I don't think my blog or my writing has achived the level of someone wanting to steel my stuff.
2:43pm • #1
Suzanne - great info, I do this alot!  Create that is...using graphics editors and shooting many photos. I too will bookmark this in case I have a dejavu with one of my photos or graphics, and know I didn't out it there! Great stuff, thank you!  B-)
3:27pm • #2
JUL
17
2007

Great information Suzanne. Thanks for sharing this with us.

Ciao!

2:22pm • #3
NOV
13
2007

 

Web Master Law. Legal issues for Web Masters Here's a lot more links.

 

Web Master Law. Legal issues for Web Masters
3:21am • #4

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Suzanne Stephens ~ Point2Agent Approved Web Designer

Battle Ground, WA

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