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COPYRIGHT, REPOSTING, REPUBLISHING, COPY AND PASTE.

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

THIS IS A RE-POST.

I've noticed a number of posts recently where the ActiveRain member writes a 10-20 line introduction and then REPUBLISHES AN ENTIRE ARTICLE written by another writer.  The popular name for this action is "COPY AND PASTE".  Everyone knows what that means.

IMO, this could be a serious violation of copyright law.  I'm no expert, but over the past 8 years have had a lot of experience with copyright law. 

SO, be safe.  DO NOT REPUBLISH CONTENT FROM ANOTHER ARTICLE OR BLOG POST.

Many believe that if they simply "credit" the author, they're O.K.  NOT SO. 

Attribution is NOT PERMISSION!!!
Attribution is NOT PERMISSION!!!
Attribution is NOT PERMISSION!!!

The proper way to introduce another article or blog post is to write the introduction and then PUBLISH A "SNIPPET", or a short exerpt from the article being reposted and LINK to the original. 

Below is a list of quick references for folks interested in copyright matters.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

COPYRIGHT IS IN THE SPOTLIGHT AGAIN. 

AN ACTIVERAIN ARTICLE TODAY INSPIRED THIS REPUBLISH.

COPYRIGHT CHEAT SHEET 

Do NOT copy and paste content, articles, images (maps), photos from the Internet.

If you didn't write it, don't put it on your web site.

You can NOT avoid copyright infringement by adding a disclaimer.

Content belongs to the writer, not the publisher.  We own the content in our blogs and ActiveRain has said so.

Copying and pasting content written or created by others is copyright infringement.

Content does not have to contain a copyright notice to have copyright protection.

The proper way to use content belonging to another is to publish a "snippet", a few lines, and link to the article.

Content is copyrighted the instant it is written, drawn, scratched or otherwise created.

Publishing an article written by another and giving them "credit" is a violation of their copyright. 

Registering a copyright provides statutory protection. 

Statutory damages for copyright infringement are from $750 to $20,000 for each violation.

Copyright laws protect the creator of the material whether or not the copyright is registered. 

Copyright laws protect the creator of the material whether or not they have a copyright notice on their web page.

Copyright laws protect the creator of the material whether or not they have a warning on their web page.

Copyright laws protect the creator of the material whether or not they block capturing the image or content.

Real estate brokers have a duty to review the web site content of their agents.

Real estate agents and brokers cannot avoid responsibility for copyright infringement by blaming it on the web master or copywriter.

Real estate agents and brokers are fully responsible for every word, image or photograph that is published on the Internet on their web site(s). 

Data is not copyright protected.  However, once data is arranged and published as information, lists, etc. it is copyright protected. 

A Table of Contents, Site Map, Index is copyright protected. 

Demographic data is copyright protected if the writer arranged the data in a particular way. 

Photos on the MLS belong to the original photographer.  If the photo is taken by an agent and published as part of a listing, the photographer owns the photo and has given the MLS a limited copyright.  The photos do not belong to the next agent who gets the expired listing.  If they stay in the MLS system, they can auto-populate by address or Property Tax number.  You may be able to delete your photos from the system.

You can photo the exterior of homes from a public street and publish them on your web site.  The house still belongs to the owner but the photo belongs to you. 

Recorded music is copyrighted. 

If a person permits you to take their photo, they are giving you permission to publish it.  Taking photos of persons in public places is permitted and you can publish them.  Otherwise, we wouldn't have the Paparazzi.

Some "free images and photos" services on the Internet intend their photos and images to be used for personal and educational purposes only.  Check their rules for use.  Many do not permit their content to be used for commercial purposes.

Real estate practice is a commercial purpose.

NOTE:  The above are my opinions and my opinions only.  I have successfully prosecuted and collected damages from 22 copyright violators who copied images from my web sites and used them to compete with me on their web sites.  I own over 100 registered copyrights.  The copyright certificates cost $35 each. 

For reference, SEE:  http://www.copyright.gov/circs/circ1.html or consult an attorney.  Mine is very expensive but he gets the job done.  Most of the copyright violators who paid damages to me could have saved a lot of money by paying a modest amount when noticed.  Once they try to avoid or fight, the damages to me is increased becasue I'm paying my attorney and their attorney often just runs up their legal fees.  Eventually, they ALL pay.

 

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Comments(43)

Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Lenn,

Once again you have made an excellent post on copyright, re-posting and republishing!! Your references to copyright laws is extensive and appreciated! Thanks for continuing to make us all aware of the trouble out there lurking concerning copy and paste!!! If you can't express your own thoughts in your own words than blogging needs to be taken off your plate!

Feb 10, 2013 05:09 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Dorie.  Thanks.  I'd rather post about other matters, but this week a few ActiveRain members posted some BAD ADVICE.

I'm always afraid that someone will be considered an authority even though they don't SOURCE to the U.S. Copyright web site.

 

Feb 10, 2013 05:18 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Lenn - Anyone who writes anything will be considered an authority by some. I've had this discussion with a few people who said "It must be true. I saw it in a magazine (or on line, or in the newspaper)." They don't believe me when I say "Anyone who can put a sentence together can write. That doesn't make it true."

 

Feb 10, 2013 05:33 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marte.  So true.  Sadly, the article that got my attention this morning has some bad advice.  I tried to point the errors out without OUTING the writer since that's discouraged by AR.

 

Feb 10, 2013 05:51 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Lenn - that's a sticky situation. I'm assuming you wrote privately to the writer to tell him or her that the advice was not good.

I don't know why anyone would want to copy and paste - at least here on AR. All we have to do is hit "reblog." Well, yes I do. They want to take credit for the article.

A couple of years ago I was writing blog posts for an agent who had signed up with a company in Florida to get bi-weekly posts. Each time he got one he'd send it to me and I'd take the idea and write a different article - except in cases where I KNEW it didn't hold with his philosophy. Then I'd write and say "I don't think you want to say anything like this," and he'd read it and agree.

One day I got curious and Googled one of the post titles that he sent. And I found dozens of that article here on AR. And all of them were claiming that they wrote it.

It wasn't illegal - they had paid to use the content, but they should have used it on their own blogs, not here where you are supposed to reveal the fact that you didn't write it.

Feb 10, 2013 06:29 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marte.  No.  I do not write privately to a plagiarizer.  I have no such authority. 

As for members who buy content and post.  Yes, they do own it but they do NOT have the right to accumulate ActiveRain points for publishing content they didn't originate.  AR has made that clear.  To earn points, you must ORIGINATE content. 

You give folks more credit than do I.  I believe that, in the dark corners of their minds, they KNOW that it isn't right and that's why they are surreptitious about it.

 

Feb 10, 2013 07:09 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Lenn - I probably do sometimes give credit where none is do. That's why I thought you might have written to this person to let them know they were following bad advice that just might land them in hot water.

At the same time, I think Active Rain members DO know that content has to be original in order to earn points. That's why there's that little box we can check that says "This isn't mine, but I have permission to use it."

 

Feb 11, 2013 01:06 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marte.  I see few "RED X" boxes checked.  I do see many posts where 90% of the content is not original. 

Feb 11, 2013 04:13 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Lenn - You pay attention better than I do - and you must read more posts, too. The only time I've seen that was when I got curious about those purchased posts and deliberately went looking for it.

Feb 11, 2013 04:45 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marte.  Every single day I see posts with a 10-20 line introduction by the member followed by a 50-75 line article by someone entirely different.  At the bottom or top of that section will be a little By___________.

Sure, it's an attribution but it's still plagiarized content.  It's just something the member read, then wrote ABOUT and collected the points.

 

Feb 11, 2013 05:51 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

So - the whole reason behind it is collecting the points. What a pathetic reason to throw away your integrity!

Feb 11, 2013 06:00 AM
Lyn Sims and the Blog Dog
Streamwood, Elgin IL Real Estate - RE/MAX Suburban - Bartlett, IL

I've seen this come up lately like you said & everytime I see it I shake my head & say 'that ain't right!!!'

Feb 12, 2013 05:21 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marte.  They're not throwing it away.  They never had any.

Lyn  You're right.  It isn't right.  However, the opportunists are always there.

Feb 12, 2013 05:39 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Lenn - Unfortunately, I expect you're right about that.

Feb 12, 2013 05:54 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Lenn,  You should repost this.  I have seen quite a bit of copy and paste lately.  It really irks me.  This is great advice.  Thank you for sharing it.

Sep 23, 2013 01:26 PM
Elizabeth Bouchard
Samson Properties - Arlington, VA
Associate Broker in Northern Virginia, DC and MD

I am glad your post addresses photos taken of houses from a public street.  I have wanted to do some streetscapes for some of my neighborhood photos to show what "typical" houses in the neighborhood might look like but I have been nervous about doing it.  I know you are not an attorney but it sounds like you have checked with your attorney on these facts and hope that means I can go take photos as I please.  I was even thinking about finding friends in each neighborhood and getting their written permission like we do on our listings, but maybe that won't be necessary.

 

Oct 04, 2013 05:30 AM
Maria Gilda Racelis
Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington - Manchester, CT
Home Ownership is w/in Reach. We Make it Happen!

Lenn: This is a great reminder for all of us. The copyright violation is pervasive and it nice to know that someone like you share this invaluable information to help us avoid committing the offense. Although it may seem like a harmless violation, it may cost someone tremendous amount to defend himself.

Oct 05, 2013 12:08 AM
David Calvello
Los Gatos, CA
Real Estate Agent with Keller Williams Realty

So can you blog about homes in the area that are on MLS? without reprecusion>? 

Sep 16, 2014 06:18 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

2013 or 2015, it is still the same.

I use my own images unless I am promoting something for someone, like an event or  a local vendor.

Apr 13, 2015 06:25 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Inna.  Good practice. 

Maria.  Violating another person's copyright can, indeed, be costly if they pursue a claim.

Elizabeth.  As long as you are on a public street, you can photograph and publish images of homes.  The only thing I refrain from photographing is children.  Not a problem since we're not selling children.

Maria.  If you're a web site owner and publish your own photos, it's quite a shock to see your hard work used on a competitor's web site.

David.  Read the rules for your individual MLS.  They vary.  In my area, you can, if you use the IDX publication. 

 

 

Apr 13, 2015 09:23 PM