How to Protect Your Blog Content and Identity – The Law

by on September 3rd, 2009

dmcaIf your blog is original and unique then nobody can steal content or it identity from you. You might have heard about Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as Digital Rights Management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the U.S. Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.

Online Copyright Infringement Liability Limitation Act

DMCA Title II, the Online Copyright Infringement Liability Limitation Act (“OCILLA”), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder’s agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users’ identity.

What You can Do?

The law is clear. If somebody has stolen some material from your work then you can send DMCA notice to his web host who are bound to take down his website/blog immediately if we are talking about the US servers and or web hosts. I have seen it. US web hosts won’t listen. They just bring down your website and in worst cases delete all data you have got (illegal and the original one), if you are a thief.

If you copy something from anywhere, give him credit or let him know and ask him about it.

If you see your data has been stolen, first try to contact the thief and pursue him to give you credit or take that data/post/article down. If he does not respond, proceed with the DMCA.

There are free hosts as well as paid web hosts. In case you want to contact the web host, your way is clear and in case there is a free web host e.g. Blogger then they have already prepared something ready for you in case you have got problem with somebody at their servers.

Report Blogger About DMCA Infringment and more

Digital Millennium Copyright Act – Blogger
Blogger DMCA Infringment Notify
Report a spam Blog at Blogger
Report Nudity at Blogger
Report Hate Speech on Blogger

All about DMCA and Copyright Law

DMCA at wikipedia