Easy Steps to Protect Your Website
By: Maria
Crimi Speth
There is nothing more frustrating than
learning that the technical or product information that you wrote,
or the photographs that you took for your website have been stolen
and used on someone else's website. Sometimes the copying is
so blatant that the other website looks just like yours! If a
competitor steals your website content, it can do real damage to
your business. Website copying is common because of the
popular myth that if something is on the Internet; it is in the
"public domain" and therefore can be used by anyone.
Sometimes the copying is done by unscrupulous businesses or web
developers who do not want to or are possibly incapable of creating
their own original content.
With a few preventative steps, you can
protect your website and your business.
First, make sure that you own any
content on your website. The owner of the copyrights to
content is the creator of the content unless there is a written
agreement transferring the ownership. If someone else has
written any materials, done any design work, or taken any
photographs, get a written agreement transferring those items to
you.
Next, if you are in a competitive
industry where this type of copying is common, you should register
your website's copyright with the United States Copyright
Office. You also should keep the registration up to
date. It is easy to add additional materials to online works
and most websites are updated on a regular basis. When new
content is added to the website after the copyright registration is
filed, that new content is not automatically added to the copyright
registration. Rather, a new registration must be filed which
indicates that it covers the new materials.
If your work is very valuable, or if
you have a particular concern about copyright infringement, you
might inquire with your technology consultant about the
availability and cost of software that prevents others from copying
your website content. Another helpful technology is software
that detects copying by searching the internet for content that is
substantially similar to your content.
To help address pervasive copying of
online works, the Digital Millennium Copyright Act ("DMCA") went
into effect in 1988. The DMCA provides a process for removing
unauthorized works from the internet. Specifically, the DMCA
provides a safe harbor to internet service providers and website
operators who did not directly infringe on a third party's
copyrights, did not have actual knowledge that the material was
infringing, did not receive financial benefit directly attributable
to the infringing activity and respond expeditiously to a proper
notice to remove the material. [i]
To understand the DMCA, it is helpful
to understand who is involved in displaying a website on the
internet. In order for a website to appear on the internet,
several service providers are involved: (1) the website
operator or owner (whoever actually controls the content
on the website); (2) the internet service provider, also known as
the "ISP" which provides the website operator with access to the
internet; and (3) the domain name registrar, which provides the
uniform resource locator ("URL") or domain name to the website
operator. Go-Daddy.com is a well known domain name
registration company.
When a website has stolen your content,
you can have a DMCA notice sent to the internet service provider
who acts as the host of your website. The ISP has the ability
to control the website operator's access to the internet. The
ISP is often confused with the domain name registrar. The
domain name registrar has control of the web address, but not the
content. The domain name registrar is not in a position to
remove the website from the internet, even if the website is
infringing your copyright. The ISP does have that control and
will usually be responsive to a DMCA
notice.
Typically, a properly prepared DMCA
notice will result in prompt removal of the infringing
material. Sometimes, dishonest website operators move the
content to a new ISP rather than permit the ISP to block their
access to the internet. In such cases, send a DMCA notice to
the new ISP and repeat the process until the website operator gets
tired of moving its website from host to host. A website may
experience intermittent downtime if it is forced to move hosts.
In extreme situations, you may decide
to send a DMCA notice to the ISP and also file a lawsuit against
the website operator who intentionally copied your
content. A copyright must be registered before a
lawsuit can be filed.
Although protecting online works can
require diligence on your part, the laws and technological tools do
make it manageable. Familiarize yourself with the
preventative measures available and, in the event of an
infringement, to work closely with an attorney familiar with both
intellectual property laws and internet
laws.
About the author: Maria
Crimi Speth is an IP attorney and is a shareholder in the
Phoenix business law firm of Jaburg Wilk. She heads the intellectual
property law department and assists client with trademark, IP
law and Internet issues. Maria is a frequent speaker on
intellectual property law and is the author of the book,
Protect Your Writings, a Legal Guide for
Authors.
This article is not intended to provide legal advice.
Always consult an attorney for legal advice for your particular
situation.
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