Copyright for Writers and Bloggers – Part I: Why Copyright is Important

Copyright basics for the Internet age.

Too often the debate over creative control tends to the extremes. At one pole is a vision of total control –€” a world in which every last use of a work is regulated and in which “€œall rights reserved”€ (and then some) is the norm. At the other end is a vision of anarchy –€” a world in which creators enjoy a wide range of freedom but are left vulnerable to exploitation. Balance, compromise, and moderation –€” once the driving forces of a copyright system that valued innovation and protection equally –€” have become endangered species.

Creative Commons is working to revive them. We use private rights to create public goods: creative works set free for certain uses. Like the free software and open-source movements, our ends are cooperative and community-minded, but our means are voluntary and libertarian. We work to offer creators a best-of-both-worlds way to protect their works while encouraging certain uses of them –€” to declare “some rights reserved.”€

This is the text you can find on the History page of the Creative Commons Web site. It explains, in part, why Creative Commons was formed and what it is trying to do.

In this three-article series, I’ll explain what copyright means to me and how I use Creative Commons on my Web site and blog to protect my work.

Copyright Is Important

CopyrightAs a professional freelance writer, I live in the first world: one where every last use of a work is regulated. Sure, I write computer books for a living. But did you know that some of my book contracts lay out the movie rights for my work? Movie rights for a computer how-to book? Are they kidding?

Sadly, they’re not. They really do take into consideration every last possible use of a work — even if that use is not very likely.

Copyright is important not only to me but to my publishers. Each book contract I sign lays down the rules of who owns the work and who has the right to market, promote, and sell it. We work together to come up with a contract that both parties are happy with, then work together to produce and sell the work so we can both make money. In general, this works pretty well. I write, my books appear in stores, and I get paid. My publisher produces my work, puts it in stores, and gets paid. We’re happy.

How Copyright Infringement Hurts Everyone

When things go wrong is when people take our work — because it really is both mine and my publisher’s together — and illegally reproduce it, either by hard-copy or digital means, and share it with others. This reduces the potential paying market for our product. How many copies of a book do you think we could sell if someone else was giving them away for free to anyone who wanted them?

And when copyright infringement like that exists and becomes widespread, books don’t sell well enough to be worthwhile to produce. Publishers don’t make enough money on certain titles, so they publisher fewer books or, worse yet, go out of business and stop publishing books altogether. Writers find it harder and harder to get book contracts, so they don’t write as much — or they stop writing.

The result: there are fewer resources out there for people who want to learn new things with the assistance of a knowledgeable author and a book they can read and refer to over and over.

All because enough people thought that our work should be distributed for free.

This hit home recently when I discovered a Web site that was distributing, free of charge, two of my books in electronic format. But it wasn’t just my books they were distributing. It was over 300 different computer how-to books — some of which were only a few months old — and tutorial DVDs and even software. The site’s slogan was “Because knowledge should be free.”

What they don’t understand is that their actions are taking away the livelihood of professional writers who work hard to write those books. Authors are people who rely on the income from books sold to survive and thrive and care for their families. Every book illegally distributed rather than sold is money from a writer’s pocket.

You’ve heard the phrase “starving writers,” haven’t you? (I never did like the idea, myself.) Think about that the next time you illegally download a pirated eBook or photocopy pages of a library book to share with your friends.

What’s Next

In the next part of this series, I’ll explain how Creative Commons helps writers and bloggers license their Internet work for use by others.

In the meantime, let’s get a discussion going. Got some thoughts about copyright protection and piracy? Use the Comments link or form for this post to share them.

Who Really Wrote the Blog Posts You Read?

Copyright infringement is far more prevalent than I thought.

This morning, while going through my weekly routine of checking out who’s been visiting my site, I found myself on another site that featured an article I’d written under another blogger’s byline.

My article, written back in March, can be found here: https://aneclecticmind.com/2007/03/29/how-many-sites-link-to-yours/. It’s a relatively short piece that includes a screenshot. The content thief not only stole every single word of the article, but he also stole the screenshot, which clearly shows my domain name in the Google results. Yet he didn’t even have the courtesy to mention that I’d written the article or link back to my site.

And the article included his byline, as if he’d written it.

I’m sure you can understand my anger at this. As stated in my © page:

The contents of this site are copyright ©1997-2007 by Maria Langer (except where otherwise indicated).

This Web site’s content is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.

I have sent a takedown notice to him via e-mail. I copied the folks at Plagiarism Today, Google AdSense (since he is violating their terms of service), MyBlogLog (which he is a member of), his ISP, and my lawyer.

But this got me wondering: how much of the other content on his site is stolen? And how much of the content on sites we all read is stolen from someone else’s site?

Has your work been stolen and passed off as someone else’s? If so, please use the Comments link or form to tell us about it. Please don’t include the Web URL of the offending party — I don’t think thieves deserve free publicity.

8:30 AM Update: I received an apology from the thief. He claims he didn’t know it was copyrighted. (That still doesn’t explain why he copied it word-for-word and put his byline on it. I wonder if he went through school like that, too.) I sent him links to Plagiarism Today and Creative Commons, hoping to educate him.

Google/Blogger Complies with My DMCA Complaint

An update to my recent copyright infringement article.

Last week, I reported finding a pirate Web site that was offering, among other things, one of my books for free download. The site was hosted on the blogspot domain name, which is Blogger’s. Blogger is owned by Google. I sprung into action and began issuing DMCA notices.

Yesterday, I got the following e-mail from Blogger:

Hello Maria,

In accordance with the DMCA, we have completed processing your
infringement complaint and the content in question no longer appears on
the following URL(s):

[omitted].blogspot.com/2007/06/putting-your-small-business-on-web-by.html

Please let us know if we can assist you further.

Sincerely,
The Blogger Team

I followed the link and, sure enough, the page was missing. I then went to the home page of the site. The site was still up and running and still offering pirated ebooks and software.

I replied to “the Blogger Team”:

Yes, you can assist me further. You can take down the entire site at [omitted].blogspot.com. It’s a pirate site that offers illegal access to eBooks and software.

So far, I haven’t gotten any response.

My efforts to get the book file off the file hosting servers were successful. All three hosts removed the file.

Using Creative Commons to Stop Scraping

An excellent article on PlagiarismToday.

As a blogger, feed scraping is one of my pet peeves. It irks me to no end that sploggers use automated tools to copy my copyrighted content from my site to sites that exist solely to attract clicks on AdSense and other ads.

Jonathan Bailey likely feels the same way. He writes about the topic regularly in his blog, providing well-researched and insightful commentary to help understand and fight the problem.

His recent article, “Using Creative Commons to Stop Scraping” on PlagiarismToday:

Many sites, including this one , have expressed concerns that CC licenses may be encouraging or enabling scraping.

The problem seems to be straightforward. If a blog licenses all of their content under a CC license, then a scraper that follows the terms of said license is just as protected as a human copying one or two works….

However, after talking with Mike Linksvayer, the Vice President of Creative Commons, I’m relieved to say that is not the case. CC licenses have several built-in mechanisms that can prevent such abuse.

In fact, when one looks at the future of RSS, it is quite possible that using a CC license might provide better protection than using no license at all.

The article then goes on to explain what a Creative Commons license is and what it requires of the licensee. As Jonathan explains, the automation tools that sploggers use simply cannot meet all of the requirements of a CC license, thus putting the sploggers in clear violation of the license terms.

If you’ve been wondering about copyright as it applies to your blog or Web site, be sure to check out this article. While you’re at PlagiarismToday, poke around a bit. I think you’ll find plenty of other good material to help you understand copyright and what you can do when your rights are violated.

eBook Copyright Infringement

An author’s worst nightmare.

I use Google Alerts to get a daily list of posts that match keywords I provide. Among the search phrases I have alerts for is “Maria Langer.” Yes, I’m trying to see if anyone else in the blogosphere is writing about me.

Just back from a 2-week vacation, I started going through the alerts. There usually aren’t many for me, so I did those first. And I came across something that made my blood boil: a blog that includes free download links to copyrighted eBooks. And, as you might imagine, one of them was mine.

My book is being distributed as a Compiled HTML Help File (.chm) file, complete with hypertext TOC and all screenshots. Other books are being distributed as PDFs. Where did these books come from? My publisher has not responded to that question. Could it be that publishers are releasing books in unprotected, easily shared formats? Could they be that stupid?

I immediately went into defense mode. First, I confirmed that the download links gave me a free copy of the book in question. It did. Then, I called and e-mailed my editor to tell her about the problem, providing her with a link to the blog. Then I composed a DMCA notice to Google and faxed it to them and my editor. Next, I contacted some of the other publishers whose books appeared on the page. Finally, I went to the sites hosting the ebook files and reported the file links as abuse.

All this ate up about 2 hours of my day — on a day set aside to catch up after vacation.

Now I’m waiting to see what comes of my actions. At the very least, I want the entire blog and files removed. I think that may happen quickly.

But what I really want is for the people who posted the links to be arrested and tried for copyright infringement. I don’t care if they get off — the legal fees alone for their defense should teach them a lesson. But I don’t think this will happen.

The thing that bothers me most is this: I discovered this one pirate blog. How many others are out there that I haven’t discovered?

And how many authors are having their work ripped off?

Update: 2:55 PM

I discovered soon after writing this post that the blog in question is a pirate blog that’s also got a lot of limited interest software available for download. One of the makers of this pirated software is AT&T. I called their sales staff and told them about their software being listed for free download in an effort to get AT&T involved. They have a lot of clout (as you could imagine). The sales guy said AT&T is very interested in this kind of thing.

One of the sites that was hosting my book file has deleted the file at my request. I’m hoping the other two do so quickly, also.