22 replies
I know that we have talked about finding our articles on other websites. I just found several of my articles on sharparticles.com. The "author" was kind enough to change the last paragraph.

What constitutes a copyright violation?

How much does an article need to be revised before another person is able to claim it as his/her own?

Just makes me sick to my stomach. I worked hard on those articles and to see someone change the last paragraph and call them his own.... ugh. He could have at least bothered to change the title.
#copyright infringement #piracy #sharparticlescom
  • Profile picture of the author sbucciarel
    Banned
    That's copyright infringement and you can get it taken down rather easily

    Just file a DMCA notice with their host

    Instructions and sample DMCA here
    http://domainingdiva.com/legal-issue...ipoff-artists/
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  • Profile picture of the author Alexa Smith
    Banned
    This isn't someone who's going to add your resource-box/links on request; this is theft, pure and simple.

    Just send a standard DMCA notice (from Suzanne's site, above ) with a copy to his registrar (found from a whois search), his host (found from who-hosts.com) and Google (found online somewhere). And do it so that the site-owner knows that you've copied his registrar, host and Google, because that has the desired effect even if the host's slow-moving. Do this as quickly and efficiently as possible, think about it as little as possible, don't let it get you down, allocate the minimum possible time to it, don't lose any sleep over it, and get on with your business successfully.

    99% of the time the problem will be fully resolved within a few days. If it really isn't, then just ignore it because you can't do more without investing your life in it.

    When I started my post, I was about to say "nothing to think about, here", but that's actually putting it too mildly: it's really important not to think too much about this stuff, or let it get you down, or waste much time on it. It's all negative energy and should occupy as little of your attention as possible. Just have the standard DMCA ready to send out for next time: sadly, these things occasionally happen (but mercifully, they're extremely quick and easy to deal with, when they do).
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    • Profile picture of the author Alan Ashwood
      Originally Posted by Alexa Smith View Post

      This isn't someone who's going to add your resource-box/links on request; this is theft, pure and simple.

      Just send a standard DMCA notice (from Suzanne's site, above ) with a copy to his registrar (found from a whois search), his host (found from who-hosts.com) and Google (found online somewhere). And do it so that the site-owner knows that you've copied his registrar, host and Google, because that has the desired effect even if the host's slow-moving. Do this as quickly and efficiently as possible, think about it as little as possible, don't let it get you down, allocate the minimum possible time to it, don't lose any sleep over it, and get on with your business successfully.

      99% of the time the problem will be fully resolved within a few days. If it really isn't, then just ignore it because you can't do more without investing your life in it.

      When I started my post, I was about to say "nothing to think about, here", but that's actually putting it too mildly: it's really important not to think too much about this stuff, or let it get you down, or waste much time on it. It's all negative energy and should occupy as little of your attention as possible. Just have the standard DMCA ready to send out for next time: sadly, these things occasionally happen (but mercifully, they're extremely quick and easy to deal with, when they do).
      This is great Alexa. I always look for your advice on relevant subjects, but I think this is the first time I've seen you take the psychological approach. Your repeated "don't spend time or lse sleep" advice is excellent. I'll bet is had a soothing effect for Lori in dealing with this.
      I can understand her frustration though.
      Lori - Listen to Alexa.
      Cheers

      Alan
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      • Profile picture of the author Lori Kelly
        Originally Posted by Alan Ashwood View Post

        This is great Alexa. I always look for your advice on relevant subjects, but I think this is the first time I've seen you take the psychological approach. Your repeated "don't spend time or lse sleep" advice is excellent. I'll bet is had a soothing effect for Lori in dealing with this.
        I can understand her frustration though.
        Lori - Listen to Alexa.
        Cheers

        Alan
        I too look to Alexa and Suzanne for advice on this subject. And yes, she eased my mind. All of you did. - I will most definitely listen to Alexa. Thank you.
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  • Profile picture of the author Lori Kelly
    So although he changed the last paragraph, he still cannot claim the content as his own, right?

    I should have stopped searching. The same guy has taken a lot of my articles and penned his name to them. They are on numerous websites.

    Good advice. I'll send the notices and forget about it.

    And what the hell, it's Merlot time in Texas anyway.

    Thanks again.
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by Lori Kelly View Post

      So although he changed the last paragraph, he still cannot claim the content as his own, right?
      Correct.

      He can claim the last paragraph as his own. Maybe. If he wants it without the rest.

      Originally Posted by Lori Kelly View Post

      it's Merlot time in Texas anyway.
      Now you're talking ...

      Good luck!
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  • Profile picture of the author artemis360
    Hi Lori,

    If I were you I would send an email to the webmaster (the copycat) and the ISP stating the copyright infringement. Give them a date to have the content removed and be in compliance otherwise you will take further "action". Include a name of an attorney (your attorney), their address and telephone number. The ISP may force them to remove the content because they don't want to have to deal with going to court.

    You can accuse the copycat of copyright infringement based on the content from their site being "substantially similar" to the content on your site.

    This may not fly in court unless you have the IP address from where they surfed your site, date, time, snapshot of their site prior to stealing your content, and a snapshot of their site after stealing your content, and the works (content) being "substantially similar" to the works from your site.

    Substantial Similarity + Access = Copyright Infringement

    Hope this helps,
    Artemis
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  • Profile picture of the author JToneyUK
    I had a few concerns about articles and copyright and I'm glad I came across this thread.

    Lori, are these articles ones that you posted onto your website only or onto an article directory site?

    I am aware that article directories exist and include a resource box for you to include links back to your website. My concern was that people would simply copy your article onto their own website without including the resource box.

    My question here is when is it a case of copyright if you have submitted the article for the purpose of having it distributed? If someone leaves off the resource box, does this automatically make it a copyright issue?

    I'd imagine a lot of people simply steal articles in the hope that the original writer never checks the net for them popping up.
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by JToneyUK View Post

      My question here is when is it a case of copyright if you have submitted the article for the purpose of having it distributed? If someone leaves off the resource box, does this automatically make it a copyright issue?
      It does, I think, because the terms of service of the directory to which you've submitted it for the purpose of having it distributed are (always, I think?) that the author, by submitting there, permits one-off re-publications for the purposes and on the conditions set out in the site's TOS only. Leaving off the resource box is not within the site's TOS and therefore the author's copyright is not waived for that purpose and consent to the single-user re-publication has not therefore been granted, and the author's copyright is therefore breached.

      Originally Posted by JToneyUK View Post

      I'd imagine a lot of people simply steal articles in the hope that the original writer never checks the net for them popping up.
      I find it happens far less than you'd perhaps expect.

      On all the occasions that I see the details of such instances, when people either ask me about it or discuss it openly in threads here, it's been immediately obvious from the resource box why people would have wanted to omit it.

      I'm not condoning the practice in any way, of course. I'm simply observing that resource boxes of the type used in an attempt to attract traffic from an article directory itself (i.e. typically by people who don't quite understand the difference between article marketing and article directory marketing) are - predictably enough - going to be the ones "left behind". In other words, to put it bluntly, when ("if") one actually sees the resource box in question, one's instinctive feeling tends to be "I'm not surprised that wasn't taken".

      With no disrespect to anyone, people having habitual problems in this regard may be well advised to stop trying to rank their sites for the keyword "click here"!

      It's discussed a little more in this post (see point (iv)).
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      • Profile picture of the author Alan Ashwood
        Originally Posted by Alexa Smith View Post

        It does, I think, because the terms of service of the directory to which you've submitted it for the purpose of having it distributed are (always, I think?) that the author, by submitting there, permits one-off re-publications for the purposes and on the conditions set out in the site's TOS only. Leaving off the resource box is not within the site's TOS and therefore the author's copyright is not waived for that purpose and consent to the single-user re-publication has not therefore been granted, and the author's copyright is therefore breached.
        I find it happens far less than you'd perhaps expect.
        On all the occasions that I see the details of such instances, when people either ask me about it or discuss it openly in threads here, it's been immediately obvious from the resource box why people would have wanted to omit it.
        I'm not condoning the practice in any way, of course. I'm simply observing that resource boxes of the type used in an attempt to attract traffic from an article directory itself (i.e. typically by people who don't quite understand the difference between article marketing and article directory marketing) are - predictably enough - going to be the ones "left behind". In other words, to put it bluntly, when ("if") one actually sees the resource box in question, one's instinctive feeling tends to be "I'm not surprised that wasn't taken".
        With no disrespect to anyone, people having habitual problems in this regard may be well advised to stop trying to rank their sites for the keyword "click here"!

        It's discussed a little more in this post (see point (iv)).

        Hi Alexa. I've seen you make this comment before, can you elaborate?

        What IS the difference between Article Marketing and Article Directory Marketing?

        Alan
        .
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        Now where did I put that pencil?

        Time for a cuppa.
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        • Profile picture of the author Alexa Smith
          Banned
          Originally Posted by Alan Ashwood View Post

          Hi Alexa. I've seen you make this comment before, can you elaborate?

          What IS the difference between Article Marketing and Article Directory Marketing?
          Briefly, in simple terms, article directory marketing is more or less limited to "attempts to use article directories for their own traffic and their own backlinks".

          I know it may sound a bit strange, but there are people (actually many of them) who imagine that "doing article marketing" means "submitting articles to article directories in an attempt to benefit from traffic finding the articles in the directories themselves and from backlinks provided in the resource boxes in the articles published in the directories themselves".

          It's a pretty useless way to try to earn anything, and a very useless way to try to build a business, for all the obvious reasons.

          First, when potential customers find one of your articles by putting one of its keywords into a search engine, you obviously want them to find an article on your own site, not one in an article directory - but there are people who haven't quite worked out that "I have a 25% click-through rate at XYZ article directory" is just another way of saying "I lose 75% of my traffic when it goes to XYZ directory", and - albeit pretty unaccountably - they imagine they're actually gaining something from that.

          Secondly, all article directory backlinks are non-context-relevant, PR-0 (or even "PR-not-available") backlinks; 100,000 of those backlinks and $3.50 will get you a cappuccino at Starbuck's. And yet there are discussions going on, in this very forum (I saw a post only last night which illustrated the point!) about how to get an automated software-submitter to post your article to 2,000 directories rather than to 500, as if that would be a really good thing to do :rolleyes: ). Inexperienced people reading this stuff (which is typically posted by those with financial interests of their own in "spinning" and/or in "auto-submission" software, which can sometimes be dragged out of them by asking the right questions persistently enough) don't understand why such quantitative approaches typically won't help them much, because the backlinks they do get out of it (never as many as they imagine) won't be relevant ones and will be worth almost nothing: one backlink from a relevant authority site in their niche (often easily found through article syndication) is typically worth more than 100,000 of those backlinks, but people either don't understand or choose not to believe that. Unfortunately, there's a whole industry of people with vested financial interests in their not discovering it, and the way they sometimes try to achieve that is by propagating and perpetuating appalling misinformation and myths about "duplicate content". Historically, of course, pandering to and reinforcing people's fears has always been an easy and "viral" form of propaganda, and - whether honest or not - it tends to be effective.

          Article directory marketing was been pretty much dead since I've been online (granted, that's not very long compared with many members here), and Google's latest algorithm change (the so-called "Panda update") was perhaps the last nail in its coffin-lid, by devaluing the article directories almost into oblivion (as even some of their owners have been commenting over the last few months).

          Article marketing, on the other hand, described here by Paul, involves getting high-quality articles in front of highly targeted traffic (typically without even doing the targeting onself). It can (but doesn't have to) include using article directories as a small part, but that's using them as directories, for the purpose for which they exist, i.e. as depositories of syndicable content.

          For anyone else, "looking in" ... this thread explains a lot of stuff about "spinning" and why most professional article marketers think it's a waste of time, and based on fallacies and mistaken beliefs about "duplicate content".

          This one explains why it's seriously bad news to create backlinks to article directories.

          This one explains a bit more about article directories and writing for syndication.

          This one is about "unique content" and a bit about link-juice, I think.

          This one is about writing for syndication.

          And in this excellent little article an expert writer/marketer explains "duplicate content" to perfection.
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          • Profile picture of the author JToneyUK
            Originally Posted by Alexa Smith View Post

            Briefly
            Your definition of briefly may not be shared by everyone! Though I imagine that in comparison to this topic as a whole, your explanation is very much a shortened, dumbed down version.

            But that, again, is great information, Alexa! Thank you for your time, this has helped a great deal.
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    • Profile picture of the author Lori Kelly
      Originally Posted by JToneyUK View Post

      I had a few concerns about articles and copyright and I'm glad I came across this thread.

      Lori, are these articles ones that you posted onto your website only or onto an article directory site?

      I am aware that article directories exist and include a resource box for you to include links back to your website. My concern was that people would simply copy your article onto their own website without including the resource box.

      My question here is when is it a case of copyright if you have submitted the article for the purpose of having it distributed? If someone leaves off the resource box, does this automatically make it a copyright issue?

      I'd imagine a lot of people simply steal articles in the hope that the original writer never checks the net for them popping up.
      I submit to my website first, then ezines [thanks Alexa].

      It is evident this guy used my articles and conveniently forgot to include the resource box.

      I agree, there are people who steal articles hoping the original author won't catch them.

      Maybe someone will ask this guy to elaborate on his [MINE] article and he won't have the intelligence to talk about a complex subject he knows nothing about.

      In any event, he and many others like him, will steal and continue to steal other authors' work and take the appropriate steps suggested by Alexa, Suzanne and others and move on.
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  • Profile picture of the author JToneyUK
    Thanks for your advice Alexa! You have a great way with words! :rolleyes:

    I'm also with Alan above, you've touched on the difference between article marketing and article directory marketing. It would be great to hear your wise words about the difference. My guess is that directory article marketing is where you submit to article directories for people to pick up and the other you personally approach authority websites and offer to write an article(s) for them?
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  • Profile picture of the author Jaymark
    Yes it really stinks when authors put in the time and energy to create interesting and unique content and then someone rips it off as their own. Not only that, but depending on how it is used, it can hurt us with a duplicated content post. Hope these guys get their sites pulled off.
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  • Profile picture of the author Lori Kelly
    Jaymark - Yes it really stinks when authors put in the time and energy to create interesting and unique content and then someone rips it off as their own. Not only that, but depending on how it is used, it can hurt us with a duplicated content post. Hope these guys get their sites pulled off.
    Jaymark, it does stink when you're a victim of article theft. It took me a long time to write those articles and I was very proud of them. To see them on a website with some schmuck claiming them as his work as unnerving, to say the least. His articles will be removed from the sites. I have no doubt I will be able to convince them it is in their best interest to remove the content.

    Alexa -- Briefly, in simple terms, article directory marketing is more or less limited to "attempts to use article directories for their own traffic and their own backlinks".

    I know it may sound a bit strange, but there are people (actually many of them) who imagine that "doing article marketing" means "submitting articles to article directories in an attempt to benefit from traffic finding the articles in the directories themselves and from backlinks provided in the resource boxes in the articles published in the directories themselves". ...
    Alexa, WOW is the first thing that comes to mind. As usual, your knowledge on this subject is incredibly valuable and I sincerely thank you for posting.
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  • Profile picture of the author tpw
    The challenge with this is to watch out for your own interests, without allowing it to become an obsession.

    In cases where there is only one or two articles taken by an individual, they may have simply not known any better. In those cases, you can ask the webmaster to fix the article or remove it. In my experience, 80% will fix. The others will either remove or ignore you hoping that you will go away.

    If the first contact does not achieve the desired results, contact the hosting company. Ask the hosting company to do a take down. Unless the hosting company is based in some rogue nation, then chances are good that they will remove the offensive content in a day.

    Spend a few minutes to put the wheels in motion to get the materials taken down.

    If the hosting company is rogue and ignores your request, you can pursue a DMCA notice with Google to get the offending website removed from Google's index.

    Spend no more than half an hour a week pursuing these people.

    Often, your time is better spent creating new content and building more value for your website. Spend only a few minutes chasing the crooks, then keep building your business.

    If you get obsessed chasing the crooks, your business will whither and die on the vine.

    So pursue the crooks in moderation, and work on building your business for a prosperous tomorrow.

    When you are big, you can hire attorneys to take care of the vermin for you.
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  • Profile picture of the author Lori Kelly
    Thanks tpw.

    I sent the emails out and today decided to follow my game plan, and it didn't include trying to find out who else might have borrowed my articles.

    So pursue the crooks in moderation, and work on building your business for a prosperous tomorrow.
    Such great advice.

    I understand this is an issue that could become an obsessive one. Gotta admit, I was really pissed off.

    If I were to spend my days tracking down article thieves, I would accomplish nothing and develop a nasty attitude as well. If I let that get to me it would be equivalent to allowing the thief to take more from me than just my articles.

    And I won't allow that to happen.

    Thanks again warriors.
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    • Profile picture of the author JToneyUK
      Originally Posted by Lori Kelly View Post

      Thanks tpw.

      I sent the emails out and today decided to follow my game plan, and it didn't include trying to find out who else might have borrowed my articles.



      Such great advice.

      I understand this is an issue that could become an obsessive one. Gotta admit, I was really pissed off.

      If I were to spend my days tracking down article thieves, I would accomplish nothing and develop a nasty attitude as well. If I let that get to me it would be equivalent to allowing the thief to take more from me than just my articles.

      And I won't allow that to happen.

      Thanks again warriors.
      Lori, happy to hear you are being productive about your issue and not allowing it to take priority over your (IM) life! These kind of threads are great when fellow Warriors can collaborate and help one in need! Great result! I wish you all the best in your pursuit on this matter.
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      • Profile picture of the author howinfo
        We had a complaint once in our article directory where someone contacted us asking to remove one article as they claimed that it belonged to them so I quickly removed the article just to avoid further problems but quite soon the person who had posted it to our article directory was very upset and asked for the reason of the removal as the article was referring them some good traffic and when I mentioned that someone else had contacted us and claimed the copyright on the article then they said that the article was specially written for them and they had paid for it and therefore it belongs to them. I did refused to republish it on our article directory but I did a thorough search on the article in question and I found it published under 5 different author names linking to many different websites and the article was also included in some PLR packs. So for me there was no way to establish who was the actual author and who had the right to use it. If there is a complaint I would always remove the article whether the complaint is right or wrong, just to avoid further problems and it is just too difficult to establish the original source of the article.

        So I suppose if you contact the article directory in question and ask them to remove the article then they would probably do it, so it would be easily resolved but you still need to find the person who submitted the article there at first place, otherwise he/she might decides to use one of these automated software’s that Alexa mentioned and blast the article to 1000 or more article directories and then it would be impossible to get it removed form all of these sites as well.
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  • Profile picture of the author Lori Kelly
    howinfo- I can see how that might be a problem. From an article directory perspective, it might be difficult to determine the original author. However, article directories are able to determine the date an "author" submits an article.

    When I sent my emails to the websites that published my articles, I sent links to where my articles were originally posted. I wanted to make sure the directories had no doubt as to the original author.

    I posted my articles on my blog before any ezines. The articles are date stamped, using my blog with vbulletin. I doubt the date could be manipulated in vbulletin. If it can be, I have no idea how.

    I have a confirmation email from ezines informing me of the submissions and again of the acceptance.

    The person who is posting my articles and taking the credit also has a date "his" (and by "his", I mean mine) articles were posted. It is well after my original articles were posted.

    I can see where this could get completely out of control with the use of an article spinner or an out of control wanna be writer.

    Thank you for your post.
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    • Profile picture of the author howinfo
      Yes, I don't doubt at all that you are the original author of the article. And if the article is not posted in many places then it would be quite easy to determine that by 'first date' posted as you said. So hopefully they would remove the article and you would get it sorted out.

      But it might not stop there as the 'wanna be writer' might keep submitting the article elsewhere and if he would use some submission service or software then the article would be all over the place and it would be totally out of your hands then as there is now way you can contact hundreds of directories and ask them to remove the article and most of the article directories would be set on autopilot/auto approval anyway and nobody would even monitor who submits what there. So it is quite important that you would also let the 'wanna be author' know that you don't appreciate that he is using your article in this manner.

      But all that said, there is more complications as the website owner who's links are in the resource box of your article might have purchased some link building service form who knows where and he/she is totally unaware of the situation. And even if you find out who is the person who is using your article to provide link building service, I don't think there is much you can do to them.
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