Content is pivotal to effective marketing and sales strategies, driving brand engagement and customer loyalty. However, the widespread accessibility of digital content also poses significant challenges, notably Copyright infringement. This comprehensive guide outlines steps for protecting your online content. It details the legal obligations of online service providers (OSPs) with examples for GoDaddy, Google Ads, or Mailchimp when dealing with copyright infringement reports.

Understanding Copyright Protections

Copyright laws aim to protect original works of authorship, including text, graphics, music, and more. These laws vary globally but aim to grant creators exclusive rights to their work. For instance, the United States enforces the Digital Millennium Copyright Act (DMCA), offering mechanisms for content protection, while similar provisions exist in the European Union (EU) and other jurisdictions.

Thanks to the internet’s global nature, geographic boundaries do not limit content theft. Fortunately, international agreements and the global operations of many OSPs mean that content creators can often take action against infringement regardless of where it occurs, using processes modeled on the DMCA.

Steps to Take To Protect Your Content

Companies are not legally required to display the Copyright Symbol (©) wherever their work is published, such as on websites, in feeds, emails, etc., to have copyright protection. Copyright laws in many countries, including the United States and those under the Berne Convention for the Protection of Literary and Artistic Works, automatically protect original works of authorship as soon as they are fixed in a tangible form that is perceptible either directly or with the aid of a machine or device.

This means that the work is protected from the moment it is created without the need to use the copyright symbol or register the work with a copyright office. However, using the copyright symbol can have several benefits:

• Notice: It serves as a clear notice to the public that the work is protected by copyright law, which can deter potential infringement.
• Information: It can provide valuable information about the copyright owner and the year of publication, which can be useful in enforcing copyright protections.
• Legal Advantage: In some jurisdictions, including the United States, copyright registration (which often accompanies the use of the copyright symbol) can provide additional legal benefits, such as the ability to sue for statutory damages and attorney’s fees in the event of infringement.

While not required, the strategic use of the copyright symbol and registration can enhance the protection of a company’s intellectual property (IP). It should be considered part of a comprehensive content protection strategy, especially for content critical to marketing and sales efforts.

I include the copyright symbol, the year (dynamically published), and my legal corporation with a link to my corporate site for every site and distribution resource. That includes my site, my mobile site, my feed, and even my emails.

Steps to Take Against Content Theft

Still, content theft happens. Unscrupulous people steal great content to monetize it. It’s truly a theft on top of a theft. So, what should you do when it happens?

1. Document the Infringement: Capture evidence of the stolen content and your ownership of the original work.
2. Contact the Offender: Attempt to resolve the issue directly, which can often lead to the fastest resolution.
3. File a DMCA Takedown Notice: If direct contact fails, submit a takedown notice to the hosting platform, including:
   • Your contact information
   • Description of the copyrighted work
   • Location of the infringing material
   • A statement of ownership
4. Engage Third-party Service Providers: When the hosting site is unresponsive or anonymous, report the infringement to associated service providers, such as domain registrars and advertising platforms.

Legal Obligations of Online Service Providers

Under laws like the DMCA, OSPs must respond to valid copyright infringement complaints to maintain their safe harbor protection, which shields them from liability for user-generated content (UGC). Here are a few examples:

• GoDaddy: Offers a formal process for DMCA complaints, leading to content removal or account suspension for validated infringements.
• Google Ads: Investigates copyright complaints against ads in its network, removing infringing ads or disabling repeat offenders’ accounts.
• Mailchimp: Reviews abuse reports, including copyright infringement, with actions ranging from content removal to service termination for violations.

Because failure of OSPs to comply with takedown requirements can result in loss of safe harbor protections and potential legal liability, they will follow up on the issue.

Protecting your content online is crucial for maintaining the integrity and effectiveness of your marketing and sales efforts. By understanding copyright laws, taking decisive action against infringement, and leveraging the legal obligations of OSPs, content creators can better safeguard their intellectual property and continue to drive their business forward.

As a result, even if you are unable to contact the site owner, identify them through other means like a Whois lookup; you can still report them to any of the third-party services that you identify on their website. I’ve had 100% success in reporting content thieves this way.

©2024 DK New Media, LLC, All rights reserved.

Originally Published on Martech Zone: Stolen Content? How To Report And Stop Copyright Infringement (DMCA)