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Thursday, December 2, 2010
THE UGLY TRUTH: An article on copyright infringement
artwork by Doryan Algarra
As of the past 6 months there have been several people who have posted articles, copied information from this blog and posted it on their sites. In several instances I have had to ask these people to remove my copyrighted content. Most have consented others had to be threatened with litgation before consenting.
There was even an incident last year with some "squirrel" on youtube who posted on his youtube account that I misquoted a person I interviewed last year.I in turn had to threaten legal litigation to get him to remove it. To his credit though, he did in fact remove his false and misleading comment.
Speaking of misqouting and misleading statements, a somewhat known martial artist has dropped my name more than once misrepresenting my research. Grossly taking certain information out of context and has misqouted me and my research to a certain spanish monthly martial arts newsletter. This individual is actually dumb enough to think that he is flying under the radar, so to speak.
Recently, yet another person had "borrowed" articles from my site and posted them on his site, simply taking the information from my site as if it belonged to him. Un beknownst to me he had been doing this for approximately a year. When confronted the response I got was an attitude of that he and his colleage were somehow doing me a favor, by infringing on my copyrights. Go figure. I guess they really thought alot of themselves.
I started legal litigation against him. A notice to cease and desist was drawn up and sent as well as a Notification of Copyright infringement. The content was removed. But for violators even if they do remove the content it does'nt mean they are free from legal litigation.
In all honesty, and according to law, I have the legal right to not only protect my name and my works but also the integrity of those works to insure they are not taken out of context and used to purposely mislead the public.
The ugly truth is that some people "borrow", steal, or think they are entitled to the work herein this blog. They think because something that is nt registered or marked registered as a copyright it is free to use and do with what they will. Nothing could be further from the truth.
What is a copyrighted work?
When most think of "copyright" they usually think of a registered copyright where the rights-holder gets their ownership and legal standing officially recognized, but every work created is granted an implied copyright.
Basically, you gain the copyright to anything you create, whether you uphold that copyright or not. Every photo you take, word you write, drawing you do, etc, is copyrighted.
Direct linking to a site's files (articles, images, video, etc.) is also a violation of copyright. (You can protect your site from anyone who is directly linking to it or any of the articles, pictures etc.)
If you use someone's intellectual property and even credit them for thier work on your site, it still could be copyright infringement. (So even if they use my work and credit me for my work it still could be a copyright violation.)
So what can you do if someone is willfully infringing on your copyrighted works?
The Digital Millennium Copyright Act (DMCA) grants owners of copyrighted material who have published that material on the Internet special protections, enabling copyright owners to have violators' websites quickly removed from the Web.
Under 17 U.S.C. Section 101 et seq. those who violate the DMCA could be liable for statutory damages as high as 150,000 as set forth in section 504(c)(2) therein.
Please keep in mind that this is only a brief synopsis only covering a couple of points with copyrighted works on the internet.
In simplest terms
DON'T "BORROW" OR LINK TO SOMEONE ELSE'S INTELLECTUAL PROPERTY WITH OUT THEIR PERMISSION!!!
To the readers of my blog. I would like to thank you, it was the readers who found my works posted elsewhere and then contacted me. So if it was nt for you guys I would nt know who was infringing on my work. Thank you very much.
I have and will continue to seek these individuals out and protect my copyrighted works.