Hello everyone, today Shanghai SEO (SWJ), while aimlessly browsing the internet, visited ZAC's blog and read an article ZAC recently wrote titled "The Despair of Original Content." I feel that ZAC indeed captures a current "sad" state of affairs on the internet. Additionally, on his website called Xin Wangke Technology, ZAC also wrote an article about original content called "Copyright Issues in Website Content." From these writings by ZAC, one can see the helplessness and frustration felt by an individual original writer when their work is copied and distributed everywhere, even with the support of search engines for those who plagiarize.
These articles are all reprinted from ZAC's original blog posts. SWJ will share some personal thoughts and feelings as a form of encouragement to ZAC! (*^__^*) Hehe…!
One,
At the end of last year, people like Stone Le Si Sichuan expressed their helplessness and awkwardness regarding the protection of copyright for original content on Dianshi Blog. I'll join in the discussion, and the title will be "The Despair of Original Content." Before, I didn't do Chinese websites, so I couldn't fully appreciate it. After writing this SEO blog, I began to understand the frustration and anger many companies feel when their copyrights are violated. The hard work you put into writing gets casually plagiarized.
There are roughly three ways to handle this:
1. Moral Persuasion
Whether it's from the Buddhist scriptures or the Bible, it says that if someone hits your left cheek, you should offer them your right cheek.
SWJ: It seems foolish at first glance, but it's actually a fatal move!
Therefore, original authors should adopt an attitude of not caring what happens. This seems like something plagiarists should do, but now it has become a measure taken by desperate original authors. Let them copy until they're embarrassed to copy anymore.
SWJ: This won't work domestically, ZAC comrade. The more you tell them to copy, the more enthusiastic they'll be since they don't care anyway.
When my wife and I encounter unfair things in life, we encourage each other by quoting lines from movies like Lei Hu's, "We should win with virtue." How effective is it? To be honest, not great. My blog articles are getting copied more and more.
SWJ: Your spirit is worth learning from, but in today's society, if you don't eat others, you'll get eaten yourself! Ultimately, it still comes down to "resources"!
Summary: It's clear that ZAC's approach won't work well under the current domestic internet situation. Of course, "birds of a feather flock together," there must be friends who support you! I am one of them! (*^__^*)
2. Complaints to Search Engines and Server Domain Service Providers
You can file complaints with Google and other search engines. According to the provisions of the Digital Millennium Copyright Act, if you can prove that the other party is truly plagiarizing your article and infringing on your copyright, search engines have the obligation to delete their Adsense accounts and remove the copyright-infringing web pages from their databases.
SWJ: Implementing this is quite difficult and only applies to Google. Moreover, how exactly does one delete through Adsense? I'm confused, could ZAC please explain? Thank you!
David Yin tried this method and it worked well; I admire him greatly.
You can also file complaints with the server provider and domain provider of the other party's website. If it's confirmed that they are infringing on copyright, these service providers have the obligation to stop their services. I run virtual hosting myself, and I've always handled cases this way. Indeed, I've encountered such examples, and we strictly adhere to this principle, immediately stopping the account without hesitation; otherwise, the service provider would also bear joint liability.
SWJ: This definitely won't work domestically unless the IDC has too much money or wants to build a reputation! As you mentioned below, I think almost no domestic IDC would be stupid enough to do this. Perhaps relevant domestic laws need to be enacted. It seems...
The problem with this method is that I've seen Google handle such cases, but rarely seen examples from other search engines. Would other search engines enforce this strictly? Would Chinese host providers and domain providers take your complaints seriously? If there are thousands or even tens of thousands of plagiarists, is this method still feasible?
3. Legal Protection of Copyright (Currently, the most effective method!)
Collect evidence and notarize it, send lawyer letters or initiate lawsuits.
SWJ: Large websites can afford it, but small personal websites? They can just abandon the site and switch to another one; there are too many methods! I suggest a little trick that I came up with: wait until the target website grows big, then strike suddenly. This is called "enduring hardship!" SEO is all about strategy, and this is no different! Just a small personal suggestion!
Regarding the issue of website content copyright, there's a relatively detailed article on my website that readers can refer to. I heard that Xingjian and Tianzhen graduated from the Law and Political Science University, and Xingjian has close ties with a lawyer. They could help check if the content of the article is correct.
SWJ: I will also promote this article for you. Next, I will share some personal opinions about the article. "It will save me time writing another one!" (*^__^*) Hehe...!
This method should be the safest, but it's also the least practical. As mentioned earlier, if every blog post is illegally reprinted or plagiarized on thousands of websites, what would you do? Sue them all? Even if you sue, would the time and cost spent on litigation outweigh the benefits gained from winning the case? If you win the lawsuit and the verdict only requires the other party to remove the article or apologize, is it worth spending months or even years on this?
SWJ: I think you should persist in doing your own thing. "Gold will shine eventually!" Do your own thing and let others talk. Don't give me a chance, or else you'll regret it, right ZAC! o(∩_∩)o
Maybe you can sue large companies or large websites. Even if you win the lawsuit, how is the court going to calculate the damages caused by infringement? If they offer a few hundred dollars as royalties, what would you do? If they refuse to comply, what would you do? I've seen too many examples where people win lawsuits but the judgment cannot be enforced.
SWJ: Still the same old saying, large websites can afford it, but how about the numerous personal websites in China? Is your energy proportional to their required effort? Otherwise, even if you become a pioneer "lone hero," it won't work. We need unity! Absolutely cannot let "evil forces" prevail! Looking forward to "let's join hands and create a better internet tomorrow!"
Besides these methods, what else can original authors do to better protect themselves? Although I haven't discussed with others, after thinking it over, it remains unresolved.
Two,
Illegal reprinting and plagiarism of website content is a common problem on Chinese internet, more severe than on English websites. Although the saying goes "the law doesn't punish the masses," breaking the law is still breaking the law. With the further implementation of China's Copyright Law, we believe that copyright protection in China's internet world will receive increasing attention.
This article will clarify some issues related to online copyright protection through the following 9 points:
1. Concepts themselves are not protected by copyright
What is protected by copyright is the expression of concepts, ideas, creativity, names, titles, slogans, etc.
For example, the concept or idea of copyright protection itself can be used and expressed by anyone and is not protected by copyright. However, the works created based on expressing opinions are protected by copyright, such as this article itself.
This is why everyone can discuss various concepts and matters. It doesn't mean that the person who invents a concept or term has exclusive rights over it, and others cannot discuss it. But specific expressions in the form of articles, works, paintings, sounds, etc., are protected by copyright.
2. Published works do not automatically become public property
Regardless of whether the original author publishes the work on a website, magazine, newspaper, TV, radio, etc., it does not mean that these works can be quoted, plagiarized, or reprinted arbitrarily. Even if the work is published in a magazine and the magazine has paid royalties, it does not mean that the magazine can republish it freely or publish it in other forms like books, etc. All of these require the consent of the original author.
3. Works can be fairly used
Fair use can include purposes such as scientific research and education, such as quoting part of a work in school textbooks, or others introducing or reviewing a particular work, or explaining a certain issue by appropriately quoting others' works.
In news reports, media unavoidably reproducing or quoting others' works to explain problems do not constitute copyright infringement.
Of course, claiming fair use and using entire pieces of others' works on your website does not fall under fair use but constitutes illegal behavior.
4. Reprinting and Plagiarism
Reprinting or even plagiarizing others' works without the author's consent, even if the original author's name and the original source link are marked, is still illegal.
The essence of copyright protection is to obtain the permission of the original author. Therefore, marking the original author's name or even linking back to the original source webpage does not mean that you have obtained the original author's permission. Such reprints, or even plagiarism, are illegal.
In this sense, too many Chinese websites are violating copyright laws. Unless the original author has stated on their webpage or article that reprints are allowed, in which case the reprinters must also comply with the reprint requirements specified by the original author.
5. Rewriting or altering the original work and publishing it is also an infringement of the original work
Some websites collect content from other places, make minor modifications, and then publish it on their own websites, believing that this is not illegal. In fact, it still infringes on the original author's copyright. According to copyright law, without the original author's permission, quoting, reprinting, or plagiarizing the substantial content of the original work is illegal.
6. Implementation of Copyright Protection
Usually, from the date of publication of the work, to 50 years after the author's death, the work is protected by copyright.
Work copyright is automatically protected. Regardless of where or in what form the original author publishes, once published, the work is automatically protected by copyright. The original author does not need to register the copyright, trademark, or declare copyright to any institution, nor does the author need to state copyright in their work. All these products are automatically protected by copyright once they are created.
7. Foreign Authors' Works Are Also Protected by Copyright in China
China's Copyright Law protects not only the copyright of its nationals and institutions but also foreign authors whose nationalities or long-term residences have signed relevant copyright conventions with China. These conventions include the Nepal Convention, Paris Convention, International Copyright Convention, and the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights. Therefore, unauthorized reprints or plagiarism of content from other countries' authors are also illegal in China.
So please note, although Xin Wangke Technology is a Singapore-registered company, all content on this website is protected by China's Copyright Law.
8. Possible Punishments for Copyright Infringement
The original author can file civil or criminal lawsuits against individuals or institutions that infringe on copyright. According to the law, infringers must bear responsibilities such as ceasing harm, eliminating influence, apologizing, compensating for losses, and in serious cases, facing criminal prosecution.
Compensation for losses is a concern for website operators, but the actual losses of the rights holder or the illegal gains of the infringer are often difficult to clearly define.
For example, if someone illegally reprints this article, how would the court calculate our actual losses? This is quite challenging. This is also the reason why many authors are unwilling to pursue legal action because it might waste a lot of time, but the compensation received may not be worthwhile.
It should be said that in cases where evidence is conclusive, the winning party in such infringement lawsuits is usually the rights holder. However, the results of protecting rights through legal procedures do not effectively deter infringers. If the infringer is a famous person or a powerful company, the damage to reputation and economic interests cannot be compared.
9. How to Protect Your Rights
So if you discover that others have infringed on your works, what actions can you take?
First, you can contact the infringer, requiring them to cease infringement, remove the plagiarized text, or reprint according to your requirements. You should clearly notify the infringer of the original source of your work and give them a deadline. If the infringer does not act within the given timeframe, you will take further action.
Second, if the infringer does not respond within the given time, you can file complaints with the domain registration service provider and the hosting service provider of the infringer's website. All responsible domain service providers and hosting service providers commit to not allowing illegal content, including unauthorized reprints and plagiarism, on their servers.
In the complaint letter, you should include the following: the handwritten signature of the copyright owner, documents proving the identity of the copyright owner, the original source of the work, the location of the plagiarized or illegally reprinted content being complained about, and the contact information of the complainant or original author, including address, phone number, email, etc.
The copyright owner should declare that the complained illegal reprint or plagiarism was not authorized by the copyright owner and does not fall within the scope of fair use. The complainant or original author should also declare that the content of the complaint is true.
Of course, you can also file complaints with search engine companies about the infringing content. If the infringing website has Google Adsense ads, such complaints are more likely to be effective. Based on our understanding, serious search engines like Google will carefully handle such complaints. If the evidence is conclusive, the infringer's ad account is usually suspended, and the content of their website may also be removed from the search engine's database.
Finally, of course, legal action can be taken, sending lawyer letters and initiating lawsuits.
Through the above discussions, everyone can understand the significance of copyright protection in detail. The future of the internet is promising, and I am willing to contribute my part to the future of the internet. Harmony, beauty, mutual assistance, and kindness are precisely what we lack! SWJ, January 7, 2008
This article is reprinted from:
Shanghai SEO http://www.seo-sh.cn/WangLuo_ShiDai/233.html