With some trepidation, I am going to risk the wrath of all those who have received copyright letters from Getty to ask advice on how to copyright my blog in anticipation of sending a DMCA notice that potentially has some teeth in it. Specifically: If I send a DMCA notice I want to have registration and evidence in place to demonstrate that a violation or violations did occur and to do so in a way that could potentially make filing a suit something other than a costly futile exercise on my part.
As some read on
http://www.extortionletterinfo.com/forum/legal-controversies-forum/google-to-start-devaluing-sites-that-receive-a-large-number-of-valid-copyright-i/30/
I believe my blog content is being copied. I did not authorize this copying. blah. blah. But now, I'm contemplating what sort of files etc. I should collect, and what sort of actions I might take in the event that I file a DMCA and the person copying files a counter-notification forcing me to sue if I want my stuff taken down. (I don't think it will come to that-- but I don't see much good in filing a DMCA if I'm not prepared to deal with a counter-notification.)
Now for the questions:
1. Are my blog posts 'published' as far as copyright law is concerned? I ask because registering 30 posts would be cheaper if they are all considered "unpublished". Obviously, under the circumstances, I do want to keep my sunk costs low. But there would be no point in registering as "a collection" if a hypothetical case benefits greatly from having things registered 'individually'.
(I read an online circular describing registering for online content. It discussed different requirements for "published" vs. "unpublished" works. Reading it I can't figure out if my blog posts are "published" or "unpublished". (The requirement seemed to suggest that merely "displaying" doens't make it published. Publication happens if I sell it, lease it or offer it for sale or lease.) I know I've displayed. Last week I added a script to include "google ads" in the sidebar. I think the script would be the closest thing to offering for sale or lease. (I'm going to take that out as there are no clicks anyway. )
2. What sort of information should I log and collect? I plan to collect the following each day:
* serverlogs to show the bot visited.
* screenshots of the page as it displays at the business entity.
* screenshost of my page.
* html of my page downloaded each day.
Is there other stuff I should try to collect?
Does any one else have advice on what steps would be prudent "just in case"?
As some read on
http://www.extortionletterinfo.com/forum/legal-controversies-forum/google-to-start-devaluing-sites-that-receive-a-large-number-of-valid-copyright-i/30/
I believe my blog content is being copied. I did not authorize this copying. blah. blah. But now, I'm contemplating what sort of files etc. I should collect, and what sort of actions I might take in the event that I file a DMCA and the person copying files a counter-notification forcing me to sue if I want my stuff taken down. (I don't think it will come to that-- but I don't see much good in filing a DMCA if I'm not prepared to deal with a counter-notification.)
Now for the questions:
1. Are my blog posts 'published' as far as copyright law is concerned? I ask because registering 30 posts would be cheaper if they are all considered "unpublished". Obviously, under the circumstances, I do want to keep my sunk costs low. But there would be no point in registering as "a collection" if a hypothetical case benefits greatly from having things registered 'individually'.
(I read an online circular describing registering for online content. It discussed different requirements for "published" vs. "unpublished" works. Reading it I can't figure out if my blog posts are "published" or "unpublished". (The requirement seemed to suggest that merely "displaying" doens't make it published. Publication happens if I sell it, lease it or offer it for sale or lease.) I know I've displayed. Last week I added a script to include "google ads" in the sidebar. I think the script would be the closest thing to offering for sale or lease. (I'm going to take that out as there are no clicks anyway. )
2. What sort of information should I log and collect? I plan to collect the following each day:
* serverlogs to show the bot visited.
* screenshots of the page as it displays at the business entity.
* screenshost of my page.
* html of my page downloaded each day.
Is there other stuff I should try to collect?
Does any one else have advice on what steps would be prudent "just in case"?