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Cornered Office

with Mir Kamin

I'm a freelance writer and mother of two working from home, which theoretically means I can set my own schedule so as to best accommodate my family. In reality, "flexible hours" often equals "working too much." Yes, I'm my own boss; no, that doesn't mean life is easy. It's hard to leave the office when you live there. But I love what I do and feel very lucky. And not just because I get paid to work in my pajamas.

To learn more about Mir, check out her profile on Work It, Mom! or visit her blog at http://www.wouldashoulda.com/

Hey, let’s talk about content theft

Categories: Like talking but with more typing

5 comments

The wonderful thing about the Internet and all of the so-called “new media” we’re enjoying as a result of it is that it’s easier than ever to make your living as a writer—there’s plenty of places willing to pay for quality work, and if you’re ambitious and savvy enough, you can even create your own site(s) to generate revenue.

The terrible thing about the Internet and all of the so-called “new media” we’re enjoying as a result of it is that either there’s more theft of others’ work than there used to be or people just lack a basic understanding of what constitutes improper or illegal use of words belonging to someone else. Maybe a combination of those two things, actually.

And what this means for a lot of writers who work online is that we have to be vigilant about possible content theft. What it means for me is that I feel angry about having to spend time on stopping people from stealing my work, and it makes me very grumpy.

First, let’s talk about some handy definitions of terms when it comes to writing.

* Plagiarism is when someone tries to pass off your work as their own. It is usually a wholesale appropriation of your words with no indication that you’re the original author. If you take the content of this post and publish it on your blog with your name on it, that’s plagiarism.

* Copyright infringement is violation of the author’s copyright, meaning that some or all of the covered work is being attributed to the original source, but reproduced in a manner prohibited by law. If you take the content of this post and publish it in its entirety on your blog—even with my name on it—it’s a copyright infringement.

* Fair Use is a subset of copyright law that defines how others may legally use and refer to copyrighted works. So, for example, if you reproduce a paragraph from this post on your blog, correctly attributed to me, and linking back to this post, that would fall under Fair Use. Copyright law isn’t intended to prevent the sharing of information, but to protect the author from having her work claimed by another. Fair Use allows the spread of information as long as the source is correctly cited and the excerpted information gives the reader a way to go to the original work for more information.

Okay. Now, knowing those terms, let’s talk about scraping. Scraping is when a person or (more commonly) some sort of bot takes content from a site and reproduces it on another site. The content is nearly always stolen via RSS feed—the thing that allows you to read blogs in some sort of aggregate reader like Bloglines or Google Reader—and there are a number of ways authors can try to protect their feeds to prevent this. There are plug-ins that will append copyright notices to the bottom of every post. There are scripts that will detect when the content has been ported to a different site and will add some sort of warning like “If you are not reading this on myblog.com, this content has been stolen.” And of course there’s always the option of truncating your feed (allowing only a small piece of it to show up in a reader), but a lot of people feel that if they have to click through to read the entire post, it’s too annoying and won’t bother.

For the record, I truncate the feed on my personal sites. I know it’s annoying, and I’m sorry for folks who find it aggravating. But I was being scraped so regularly I couldn’t stand it; to me, it’s the only reasonable solution at this time.

Scraping can and does take the form of either plagiarism or copyright violation; I’ve been scraped both ways, although having a link back to my blog when my entire piece of writing has been taken is cold comfort, frankly. And to answer the question of “Why do people scrape?”, well, generally the splogs (scraped blogs) that result are littered with ads and the content-stealers are hopeful they’ll make some money. If your stolen content shows up on a splog with ads, contact the ad provider. There are strict rules about copyright adherence with every ad provider, and although it may take some time, they will respond to complaints.

Being scraped by a bot is obnoxious and annoying and takes time to deal with and isn’t any fun. Obviously. But to me, the much more aggravating situation is when a regular human with an actual site of his own takes the time to pilfer your content for his own use.

I want to believe that people are just dumb, rather than malicious. And most of the time, I really do believe that to be the case—lots of people don’t understand what constitutes Fair Use, or figure that if they like something and put it on their blog it’s okay if they don’t have many readers. (Hint: Still not okay!)

Yesterday someone took a post of mine from Want Not and reproduced the entire thing, adding at the bottom “thanks to Wantnot.net.” It wasn’t even a hyperlink. (If it was, it still would’ve been a violation of Fair Use, but it would’ve at least looked like the stealer meant well.) I’ve emailed the person in question and am awaiting a response. I tried to politely explain that she is welcome to excerpt my content and then link back to the original post, but her current usage is a clear violation of my copyright. I haven’t heard back but I choose to believe she will realize her error, apologize, and fix it.

But it’s time out of my already busy day, and aggravation, and if she ignores me or says no, then we have a problem.

Isn’t being an online author fun?

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5 comments so far...

  • Weird that it’s called “scraping,” yes? Weird word. Kinda “ew.”

    But I am glad you posted about the subtleties - I wasn’t aware.

    Lee  |  October 20th, 2009 at 9:17 am

  • I’ve had both content AND photos stolen. Hence, I now watermark every. single. photo. Time consuming, but worth it.

    Angella  |  October 20th, 2009 at 10:56 am

  • I feel for you - wish I had a solution for you, but I don’t. It is not so much people being dumb, as being ignorant of the law. So many people really do not understand the concept that it is NOT free to take just because you found it on the Internet.
    I’m a librarian by day and the number of times I have to explain to someone that they bought ONE copy and they CAN’T email it to their entire team frustrates me. And the usual bewilderd response is “but I bought it online”.
    I then have to go back to the print world and note what they want to do is like buying a book and photocopying the entire thing for all their friends. They KNOW that is wrong but they can’t seem to get it into their heads that what they’re doing is the corrollary.

    Mich  |  October 20th, 2009 at 7:09 pm

  • Wow, you would not believe how timely this post is! Thank you!

    I’m sorry to hear you have been dealing with these issues though. :( I’ve had the same thing happen to my work time and time again over the years (including one person who took one of my graphics in .jpg form, blurred it out with a smudge tool, and typed the same words over-top!)

    I have been so concerned about this exact issue this week (just translated over to the graphics design field). I started a new contract with a client (who may or may not be paying me for my work in actual cash) and am already on edge.

    The client (let’s call him ‘V”) wants a new design done that looks similar to his other designs and uses his organization’s logo. Since his site sponsors links page already includes at least two other local graphics designers (not even counting the one who designed his site), I’m worried he’s just going around town asking for freebies. Sure, V runs a not-for-profit company, but *still*.

    So far, I’ve splayed a copyright statement on the bottom of the work I’ve sent him (in case V decides to take my ideas/artwork elsewhere). But I’ll also be making sure that all the artwork I use is my own - and may also double-check on the copyright laws I’ve looked over allow company owners to keep the rights to their logos even if using them for a different project.

    Again, thanks so much! :)

    ~krismom

    P.S. I’m adding a link to this blog on my Designer/WAHM resources links page! (no “scraping” required whatsoever). I know it doesn’t make up for people who don’t link to you when they *should* but well, you can only do what you’re able to balance the scales again.

    Kris  |  October 21st, 2009 at 2:01 pm

  • First off, I am very sorry to hear about your recent battles against misuse of your content. As someone who has had to stop over 700 plagiarists using his work, I know what it feels like and sympathize.

    On that note, I wanted to add that there are things you can do. If the person who took your work won’t remove it, there are laws in place, namely the DMCA in the US and the EDEC in Europe that will allow you demand removal of the content from the host. It works remarkably well in these cases.

    If you need any help with this, please let me know, I’ll gladly assist any way I can.

    Hope that things begin to look up!

    Jonathan Bailey  |  October 22nd, 2009 at 11:32 am

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