Top 5 Ways to Prevent Copyright Theft of Your Wordpress Blog

March 11, 2010 by C. C. · Leave a Comment
Filed under: Copyright Law 

If you are launching a new site, especially a new blog, there are several things that you can do to make sure that your copyright is as protected as possible.

Simply put, when you are starting from scratch, you have a rare opportunity to get things right from the start and many of the best tools to protect your work function at their best when you use them from day one.

So, if you’re preparing to launch a new site, whether it is a static one or a blog, here are the steps you need to take today to protect your work or, if you’re not interested in enforcement, track it and encourage its sharing.

1. Register with the U.S.Copyright Office

Registration with the U.S. Copyright Office is both slow and expensive. It’s also hopelessly out of date with the current Web and can take some nine months get your certificate.

Still, the fact remains that, if you want execute your full rights in the U.S., you need that registration. You need it both to file suit in a Federal Court and you need to have either registered before the infringement or within three months of publication to be able to collect statutory damages.

If you think you might ever want to sue for copyright infringement, you will want to register your work promptly. It’s a pain and it costs $35 but it can be invaluable down the road.

Likewise, as you add content to your site, you will likely want to re-register every 3 months to ensure that the registration is up to date and all content is protected.

2. Register with FairShare or Use Google Alerts

If you have a site where most of the content will be in an RSS feed, set up an account with FairShare so it can begin tracking the content in your feed from the first post. The service is free and only requires you to subscribe to the provided RSS feed where it will list where matches of your work were discovered along with some basic information.

If your content is largely static, you can use Google Alerts. I’ve covered Google Alerts before, but basically you just find good, unique phrases within your content and have Google search for those phrases and email you with any results it finds.

3. Set up an RSS Footer

If your site will put a large part of its content into an RSS feed, add a footer to the feed. You can use a simple WordPress plugin to do that if you’re a self-hosted WordPress user or, Blogger users can simply use the option in their admin panel.

Ideally, it should include a copyright statement, a link back to your site and, possibly, a digital fingerprint to make the tracking of your content even easier.

Since RSS scraping is one of the biggest problems content creators face, this can make sure that such use is at least attributed and trackable, even if it won’t put a stop to it.

4. Set Up Your Site’s Footer

Though you don’t technically need to include any copyright information for your work to be protected, it is a very good idea to do so as many have the misconception that, if it is not marked, it is free to use.

Make sure your footer includes all the basic copyright information including the year, which you can configure to update automaticallythe copyright symbol, your name and the license information for the work (All Rights Reserved, Creative Commons, etc.)

5. Add Contact Information for Permissions

Finally, as you’re setting up how people will contact you, make sure to have a means for people to contact you to ask permission to use your work.

This is a good idea even if you use some form of blanket licensing, such as Creative Commons, as people will still contact you about these issues. This happens both because they don’t understand or see the license and because they want to use the work in a way that goes beyond it.

If you offer a clear path to contact you about these issues, even if it is just through your regular contact page, you’ll find people to be much more likely to ask permission than they would otherwise.

Bottom Line

When starting a new site, whether your first or your hundredth, it is a chance to get things right and avoid mistakes that you made with the other efforts. Copyright is no different in that regard.

If you value your content, its worth taking some time before launching to make some adjustments and make sure that your work is protected. Doing so will not only help you enforce your copyright, but also track where it appears on the Web, legitimately and unlawfully, letting you better understand your audience and reach.

So take the opportunity and spend a few minutes making sure your work is adequately protected.

[thanks to paul keller and jonathan bailey via cc]

The Many Faces of iPad: Fujitsu & STMicro Take on Apple

March 3, 2010 by Michael · Leave a Comment
Filed under: Copyright Law, Technology 

Apple is in danger of being made subject of a lawsuit by Japan’s Fujitsu and European chipmaker STMicroelectronics, in the wake of Apple’s adoption of the name “iPad” for its latest tablet PC eye candy. “iPad” has been a registered trademark by STMicro since 2000 for its semiconductor technology. For Fujitsu’s part, it is claiming that it created a palmtop computer of the same name, launched internally for use by its shop assistants beginning 2002. At present, Fujitsu has a pending application for the use of the trademark.

There are other companies that hold rights to use “iPad” as a trademark for products under certain categories, including Siemens for engines and motors, and Coconut Grove Pads for padded bras. These trademark infringement issues bring us back to 2007, when Apple introduced the iPhone to the public. This caused Cisco—registered owner of the name—to go to the courts. The matter was later settled when the contenders agreed to own the name jointly, for undisclosed terms.

Asked what STMicro intends to do, its representative said they were studying their options. Fujitsu’s official statement said: “[The company] is aware of Apple’s iPad announcement and the possible infringement on our trademark . . . We are currently discussing our options with our trademark counsel and have no further comment at this time.”

Trademark disputes – especially those that involve brand giants like Apple and Fujitsu or Cisco – are usually not enough to hinder the infringing company from launching the product, or to compel it to rebrand. However, if Apple loses its bid for “iPad” and Fujitsu is allowed to continue its application, or if Apple fails to justify that the two products are not confusingly similar, it will have no recourse but to buy the rights from Fujitsu.

The iPad Comparisons

Fujitsu’s iPad is a gadget that has a 3.5-inch screen, powered by an Intel processor, uses a Microsoft OS, and is Wi-fi and Bluetooth-enabled. Its purpose is to connect shop assistants and managers to sales and stock data. STMicro’s iPad, on the other hand, is less similar. “iPad” is an acronym for “integrated passive and active devices,” referring to the technology that used to manufacture semiconductors. But here’s the caveat: STMicro’s products are used in cars, washing machines, smartphones and mobile phones, among other gadgets. The implication: STMicro’s iPad technology could someday be applied to handheld devices like Apple’s iPad.

Fujitsu’s prior application in the US is dated March 2003. It was suspended after the US Patent and Trademark Office found a prior filing by Mag-Tek for keypads used to enter personal identification numbers. The application was subsequently declared abandoned, but was revived by Fujitsu in June 2009. A month later, Apple sent its proxy to the patent and trademark office of Trinidad & Tobago to register “iPad” and secure a priority date that it can claim when it applies for registration in other parts of the world. In the last quarter of 2009, Apple requested the US PTO for more time to oppose Fujitsu’s application. February 28 is the deadline for Apple to decide if it will contest Fujitsu’s application or not.

In an interview with Bloomberg, Fujitsu’s trademark lawyer, Hanify & King’s Edward Pennington said:  “They probably need to talk to us and we haven’t had any direct communications with Apple,” and went on to describe Apple’s position as “awkward”.

Pirate Bay User Uploading Black Balls Gets His House Raided

February 16, 2010 by C. C. · Leave a Comment
Filed under: Copyright Law 

A Pirate Bay user in his 20’s who uploaded a screener copy of a Danish movie named Black Balls (Sorte Kugler in Danish) has been tracked down and raided by the same anti-piracy group that recently shut down the EliteBits BitTorrent tracker. Although the man seems to have uploaded only four movies, the group is labeling him “a big fish”.

While conducting their usual monitoring of file-sharing networks, anti-piracy outfit Antipiratgruppen noticed that a user with a Danish IP address was uploading a screener copy of the Anders Matthesen movie ‘Black Balls’ via The Pirate Bay.

Antipiratgruppen collected evidence and asked a court to force TDC, the man’s ISP, to reveal his identity and home address. The court complied.

Armed with a warrant and a representative from the court, last week Antipiratgruppen carried out a raid on the man’s Herning home to gather evidence of his alleged offenses.

Maria Fredenslund, lawyer with Antipiratgruppen, was keen to emphasize the significance of the raid.

“We are waiting for the IT expert’s report on yesterday’s action, but there is no doubt that he is behind massive violations of copyright. We found and seized several hard drives, web server, etc. so it will take time to go through it all. The case is a good example of how a case which at first glance seemed modest, in fact, is about massive piracy. At least in Denmark,” she said in a statement.

Although Fredenslund said that they presume the man’s hard drives were filled with copyright content which made it a “very big case”, she also noted that the man in his 20’s had to her knowledge only violated movie copyrights online four or five times. A quick look at the user’s Pirate Bay account seems to confirm he has uploaded a handful of movies and a small number of music torrents.

Fredenslund told Danish media that Antipiratgruppen secured an injunction against the man so if he continues to share files he can be punished. Speaking of the man with DR.dk, she said that her group doesn’t intend to “sue him to hell” since they are “nice people”, but will need to see the volume of files traded in order to calculate the compensation required.

In November 2009, Antipiratgruppen announced that after losing several court cases they had largely given up on trying to get illegal file-sharers convicted, mainly due to their inability to gather solid evidence.

Indeed, the Danish courts have ruled several times that in terms of evidence, an IP-address alone is insufficient to prove guilt. However, the new tactic is to label people like this screener uploader and torrent site operators as “big fish” in order to get a warrant to seize physical evidence.

Fredenslund said that because this man was the first to make Black Balls available on the Internet, Antipiratgruppen had considered this as an aggravating factor which justified their action.

Equally, the recent raid on the operator of the EliteBits BitTorrent tracker was targeted at “traffickers”, she explained.

[thanks to conner395 and enigmax via cc]

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