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Copyright again. Just because the advice is given on ActiveRain, doesn't mean it's correct.

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

The advice below was included in an ActiveRain article about copyright.  IT IS, IMO, WRONG!!!

Below is the advice from a member.  Careful when relying on this advice. 

"copyrighted material will indicate it somewhere either on the content page you're reading or on the home page of the site the content is located on."

FACT:  Copyright protected material need not indicate that protection ANYWHERE!!!! 
FACT:  If one is giving copyright advice, link it to the U.S. Copyright Office web site, http://www.copyright.gov .

DANGER WILL ROBINSON.  CAREFUL WHAT YOU DO WHEN USING CONTENT YOU DID NOT CREATE!!

Copyright protected content on the Internet will RARELY contain a copyright symbol, mark, or even copyright warning because IT ISN'T REQUIRED.  Years ago, the copyright warning notice was required. . .it no longer is.

"U.S. law no longer requires the use of a copyright notice, although it is often
beneficial. Prior law did, however, contain such a requirement, and the use
of a notice is still relevant to the copyright status of older works. This circular
describes the copyright notice provisions enacted in the 1976 Copyright Act
(title 17, U. S. Code), which took effect January 1, 1978, and the effect of the 1988
Berne Convention Implementation Act, which amended the law to make the
use of a copyright notice optional on copies of works published on and after
March 1, 1989." . . .  http://www.copyright.gov

 

Below is more advice from the writer: 

"(you will sometimes see authors say it's okay to reprint as long as you give them credit and link back to their page)."

THE AUTHOR DOESN'T EXPLAIN THE DIFFERENCE BETWEEN "REPRINT and REPUBLISH"Many ActiveRain members believe that anything published is fair game.  IT ISN'T.  Also, there is a big difference between REPRINT and REPUBLISH.

Reprint is very limited.  You may print 25 copies of an article, image, etc. and distribute them to a school class.   However, that does not mean that you can COPY and PASTE that article, image, etc. and INCLUDE IT IN A WEB SITE OR BLOG POST.

NOTE:  I'm no copyright expert.  I rely on the content in the COPYRIGHT web site.  It contains the LAW.

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Comments(114)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Doreen.  Thanks for stopping by.

Feb 17, 2013 06:09 AM
Brad MacKenzie
Brad MacKenzie - Duxbury, MA
Turning Houses into Homes on the South Shore

I'm glad you weren't hurt in your case.  Had you lost, you would have felt differently.  Had you won but not covered your costs, you might have felt differently.  As it was, it took your time and energy to get justice.  That might not "hurt", but it is costly.  Someone tossed you on the pavement on the playground, you skinned your knee (you felt wronged), you took them to court and got your justice.  All I was saying was that, in terms of energy and effort, it would have been better not to have been thrown to the ground in the first place.

Feb 17, 2013 06:58 AM
Mimi Foster
Falcon Property Company - Colorado Springs, CO
Voted Colorado Springs Best Realtor

When you read something verbatim on someone else's site that you have painstakingly written, at first it is a shock, and then it just lights your fuse to want justice. I learned this lesson quite a few times, even here in the Rain. I too, am an exceedingly nice person, but when I call someone and tell them to take down MY article, and they tell me to cool my jets, that they changed a few words so it's not EXACT, my sweet demeanor takes a back seat. AND, I have to say that Jordy's comment about you was not only pure and total ignorance, but for pity's sake, GO PLAY IN SOMEONE ELSE'S SANDBOX THEN. GEEZ!!! People have lost their minds.

Feb 17, 2013 09:12 AM
F U
nobody - Alamance, NT
Dead

To funny. People will take anything that's not nailed down so to speak. Good for you for standing up to the thieves.

Feb 17, 2013 09:29 AM
Carlos Cardo
RE/MAX ULTRA - Virginia Beach, VA
Providing Professional Service on a Personal Level
On a funny note, someone did copy my site once, INCLUDING my bio! Ridiculous... He eventually took it down when I complained. Even funnier still- I created a picture of a sunset with a RE/MAX ballon, well I found someone put it on THEIR site by simply pasting a link to the pix from my site, WELL..... I renamed filename of the original pix, then made a business pix advertisement including my business closeup pix of me and gave it the original pix's filename on my site and VIOLA I had FREE advertisement on his website!!!! It was up for about a week before the other agent changed it!!!!! I showed it to soooo many agents and friends, they all were just laughing their butts off.......
Feb 17, 2013 10:57 AM
Steven Pahl
Keller Williams Tampa Properties - Tampa, FL
Real Estate Consultant Tampa, FL 813-319-6423
As always Lenn, great content and advice. "I'm the nicest person on the face of the earth. Ask anyone who knows me", may be a very true self description, but I wouldn't want to be opposite you at a poker table or in a court of law! I think I'll just ask permission first!
Feb 17, 2013 10:57 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Brad.  I'm not sure what your analogies mean.  I saw competitors using my copyright protected material on their web sites to compete with me.  I enforced my copyrights in about 20 cases and collected damages in every single one.  I didn't lose money.  The copyright violators paid damages.  In some cases, significant damages.  Sure, better that my web sites not been copied, but they were.   Was it inconvenient, not at all.  I have a good attorney which is all part of being in business.  Sure, I felt violated on a personal level, but proceeding against the violators was a matter of business and for that, I collected significant damages.

Mimi.  Thanks.  Isn't it amazing when a thief is caught red handed and you call them on it, they try to twist things to make YOU the villian for evenn calling them out.  BTW, that notion that the violator can "change a few words" and no longer be in violation is BUNK.  SEE:

To be copyrightable, a derivative work must differ sufficiently from the original
to be regarded as a new work or must contain a substantial amount of new
material. Making minor changes or additions of little substance to a preexisting
work will not qualify a work as a new version for copyright purposes. The new
material must be original and copyrightable in itself. Titles, short phrases, and
formatting are not copyrightable.  http://www.copyright.gov/circs/circ14.pdf

Lastly, Jordy appears to be angry at me because I take steps to protect myself.  I don't get it.

Janine.  You're right.  Copy and paste is quite easy.

 

Feb 17, 2013 06:26 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Carlos.  I HAD THE SAME EXPERIENCE.  A local agent FRAMED about 8 images from my web site.  I redirected the images on my site to full pages of original articles.  All of their framed images redirected to my sites.  It was about 6 months before they caught on.  My attorney got a laugh out of that.

Steven.  Thanks.  I have a very "friendly" poker demeaner.  In a court of law, I make sure the law is on my side.

Feb 17, 2013 06:32 PM
Catherine C Capasso
Catherine Cornelia Real Estate - Eastchester, NY
Cottage or Castle, What's Your Dream!
Great topic and wonderful comments. http://copyright.org is the best resource for answers on copyright. In most cases, I don't think there is intent to infringe on someone's rights. We have become so comfortable with "sharing " that doing so is not meant to be malicious nor intended to be credited to the person sharing the information. We like what we are reading and want to pass it on. Photographs are the one thing you should protect with a copyright and it's easy to do; add a copyright watermark to all your images. The format should be the copyright symbol, year of first publication and your name or company; the identifying information that ties you to the photograph.
Feb 17, 2013 11:35 PM
Diane M. Phillips Realtor 443-286-4365
Frankly Real Estate Inc. - Manchester, MD
Specializing in Carroll Co., MD

Lenn ~ Great advice! 

Feb 18, 2013 03:55 AM
Cherie Young
Carlsbad Real Estate - Carlsbad, CA
Real Estate Websites

Great thread, you cannot copy from another website without authorization.  You can help stop this by asking your web developer to right click disable on your site.  I guess if the person is industrious they can hand write, but chances are they will move on to someone else's site they can copy from.

Kind regards,

Cherie Young
Online Marketing Strategies
www.CherieYoung.com
760.994.0813

Feb 18, 2013 05:25 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Catherine.  I believe that there is an intention to infringe.  They simply don't believe that they'll be caught.

Diane.  Thanks.

Cherie.  I don't want to "lock" my web sites.  Consumers often print the content there. 

Feb 18, 2013 05:55 AM
Cherie Young
Carlsbad Real Estate - Carlsbad, CA
Real Estate Websites

Lenn - Sure I understand, there are pages like favorite links that get reprinted.  It may not work for everyone to lock a site down, but deters from copying from other agents.

Feb 18, 2013 06:25 AM
Beth Paterson
Reverse Mortgages SIDAC, LLC, NMLS #1790592 - Saint Paul, MN
CRMP, NMLS #342859

Lenn, thanks for the further clarification (#89) to my commet.

Feb 18, 2013 11:37 AM
Candy Miles-Crocker
Online Real Estate Agent Training - Chevy Chase, DC
Realtor - Real-Life Real Estate Training

Thanks for that great information Lenn!  Although I create all of my own content, it's good to know what the law says.

Feb 18, 2013 10:02 PM
Cathy Glass
Realty Executives Associates - Knoxville, TN
Realtor - Knoxville, Tennessee

Thank you for adding clarifications regarding the copyright laws. I have never totally understood them, coming from an education background where we could photocopy up to a certain amount for "educational purposes." I have been uncertain about the law relating to business uses, and have basically been afraid to use anything.

Do you know about the law related to making YouTube videos? It seems that a lot of people use other people's creations, or put other people's videos on their sites, and make mashups of other people's videos and other content. There doesn't seem to be a big outcry against this. Are they violating any copyrights?

Feb 19, 2013 10:34 PM
Allyson Hoffman
RE/MAX Properties Northwest - Park Ridge, IL
Making Today's Dreams Tomorrow's Reality!

Thank you, Lenn, for making this clear for those who do not understand.  Much appreciated!

Feb 20, 2013 01:26 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Candy.  What's that old saying?  Ignorance of the law is no exuse, or defense.

Cathy.  My information is that the folks who post videos to YouTube give permission for reproduction/republication when the video is uploaded.

Allyson.  My pleasure.  I'm no expert, but I know when I read something that's incorrect.

Feb 20, 2013 03:46 AM
Terri Woods
Benton, Linn and Douglas Counties - Days Creek, OR
Selling Homes and Land in Oregon

OK - I guess I am so naive.  I am amazed at some of the comments about other agents using pictures, logos, etc.  I guarantee the use of competitors meta tags is true as well.  I wish we all could play nice.  I had to laugh at myself because I was paranoid about using someone elses ideas.  The funny thing is... if any agent asks me to share with them any of my marketing, or documents, etc., I gladly do so.  Thanks for bringing this into the light.

Jul 15, 2013 10:10 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Terri.  It's a never ending topic of conversation in the rain.

Jul 15, 2013 08:23 PM