Magazine
Who is copying your content
Published on May 13, 2008
One of the beautiful things about the web is that it brings all different kinds of people together. Young and old, rich and poor. People of all races, of all income levels use the web daily.
There is no such thing as a “typical” Internet user. Rather, there are many different types of users, all behaving differently on the web. Different approaches are required to reach all.
“Taking a moment to think about the user behind the infringement ... adds a little bit of humanity to the facelessness of the web. ....”
When it comes to copying content, the situation is no different. While many try to paint all copying as an infringement perpetrated by an Internet villain, the truth is that there are many different types of people who copy content on the web. They do so for many different reasons.
It is important to understand at least some of the basic motivations of users who copy content. This can help in developing a flexible strategy for handling copyright infringement on the web.
Here are five of the basic types of users who commit infringement on the web, how to spot them and how to handle them. Most copyright infringers will fit into one or more of these categories.
The Sharer
Who they are: Sharers don’t copy content with the intent of infringing copyright. They like the idea of sharing useful information they find on the web. They find it easier to copy and paste content rather than to link to it. They frequently embed media, such as YouTube clips, and build sites and/or blogs using a mixture of their own writing and interesting content found elsewhere.
How to spot: Sharers are usually very big on attribution and will credit everything they use in a manner they deem appropriate, usually a link. They will mix the content they copy with their own with and material from elsewhere. Their goal is not to simply repeat what the original site said, but to add to it or provide the information in a more useful manner.
How to handle: Sharers are tricky. What they do is often, at least technically, an infringement. If they use a modest amount of content, however, it may not reach that level. But even if it does, these users may do more good than harm. In most cases, it is best to leave alone unless the copying reaches an extreme level. It is then best to approach them with a reasonable license offer or a polite request to trim back the copying. Heavy-handed tactics regularly lead to copyright catastrophes.
Frequency: Very common.
The Bot
Who they are: Bots are computer programs that are created by humans to scrape content from a site and repost it wholesale on another, usually a spam blog. Typically, they grab content from an RSS feed and run on autopilot after their creation. Their human master rarely, if ever, comes back to check on the sites that are set up.
How to spot: Look for any sign that the copied content came from an RSS feed. This includes the reposted content being limited to what is in the feed, containing information only found in the RSS version or taking every entry in the feed itself.
How to handle: Tracking down a bot’s human master is rarely rewarding. Reporting the spam site to the host, search engines and/or advertisers is typically the easiest approach to remove the content. You can also block the bot from accessing the feed to prevent future copying.
Frequency: Extremely common
The Professional Plagiarist
Who they are: Professional plagiarists are humans who copy and paste content using their own name in a bid to improve their career. They range from a full-time print journalist, such as Jayson Blair, to bloggers trying to improve their reputation on the web. Most professional plagiarists will not target large, well-known news sources, such wire services, but will often still copy from lesser-known news organisations and can involve as little as a few key sentences or as much as many whole articles.
How to spot: The easiest way to spot a professional plagiarist is to look for clearly changed and/or removed bylines. Such plagiarists are always careful to leave no trace of the original author’s identity and often edit the original in a bid to make it more their own or “improve” the work.
How to handle: If the plagiarist has an editor or other manager, it is best to approach this person with the problem. If not, filing a cease and desist letter or contacting their host to secure removal of the work is generally the best course of action. Although plagiarists fear exposure more than anything, such public battles can create large headaches and are rarely worth the reward. Such plagiarists are unlikely to repeat copying from the same source. Cases where the plagiarist’s actions may warrant a lawsuit are likely worth consulting an attorney with.
Frequency: Rare
The Salesman
Who they are: The salesman has one goal in mind: direct profit. They take the copied material and offer it for sale or redistribution. It may be purchased either as part of an essay mill, an article database, a stock photography collection, etc. They often have users submit content to their service for them to resell, but do not adequately vet the content they get and frequently turn a blind eye to infringement.
How to spot: The easiest of all kinds to spot. The users will make no secret about selling the content on their site. Frequently, the copied content will appear directly next to pricing information as well as other purchase instructions.
How to handle: More than other types of infringement, this is a situation in which it is often best to consult with an attorney. The infringement may be a case where a lawsuit or other legal action is warranted. If that is not possible, securing removal of the work by way of contacting the site is important. Working with them to ensure that anyone who purchased the work both removes the content and is refunded is very important.
Frequency: Very rare
Victims
Who they are: Victims are users who have been duped and taken advantage of. They purchased or otherwise acquired the work in question, only to find out later that it was an infringement of someone else’s material. They were likely tricked by a “Salesman” or by another plagiarist who licensed the work for reuse though they held no ability to do so.
How to spot: These are very difficult to spot. Many infringers, when caught, will claim to be such victims. Few, however, are able to provide proof. The easiest way to tell is to look for tag lines that are common requirements of article sites and hidden data in images that might indicate where it originally came from. Also, sites that routinely accept user submissions are very vulnerable to this problem.
How to handle: If the person is clearly a victim, then secure removal of their work and move on to the user who provided it, if possible. If the person can not prove that they were ripped off, treat the user the same you would a “Sharer” or as a “Professional plagiarist”, whichever is appropriate.
Frequency: Extremely rare
Conclusions
Obviously, there will be users who do not fit neatly into any of the above categories. Thinking of copyright infringement cases in terms of the people behind them, however, can often help you approach these matters and build a more targeted approach to dealing with such matters.
The vast majority of copyright infringement cases will come down to one or two kinds of infringement, making it easy to create a smooth process. Still, don’t assume that “one size fits all” when protecting copyright. Doing so can lead to ineffective solutions and embarrassing situations.
Taking a moment to think about the user behind the infringement makes sense. If nothing else, it adds a little bit of humanity to the facelessness of the web.
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