As my site has begun to make it’s way around, I have been required to deal with copyright violations, otherwise known in the graphic community as a “Rip”, far too many times to count. In the beginning, I was not equipped enough to combat these and stumbled my way through it. Reading through graphic design bulletin boards I gather that there are many out there in the same state I was, so this article is for you, and how you can legally battle copyright infringements.

The first step is securing your copyright. I have been asked, well how do you know that a certain website or graphic is actually protected by a copyright? To answer that question, I would direct you to the U.S. Copyright Office website which covers this:

Source: http://www.copyright.gov/circs/circ1.html#wwp

“Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks ("phonorecords"), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.”

So what does that mean? Your work is automatically protected after it is created and fixed in a copy for the first time. After you upload the final version of your website, here are 2 helpful steps to follow: 1) Print out a copy of every page, 2) Place the entire site on a CD.

The copyright office also tells you that you are not required to display copyright notifications on your work, however, it can prove helpful. Also, as we have seen, too many people ignore the copyright symbol and blatantly copy work that is not their own. It is always to your benefit to include the information on your work, serving as a warning.

For a guideline on how to display the copyright properly, follow these steps:

Source: http://www.copyright.gov/circs/circ1.html#wwp

The notice for visually perceptible copies should contain all the following three elements:
1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."; and

2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and

3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

Example: © 2002 John Doe

Now let’s deal with those who copy the entire website, or only portions of it.

The first step, and this is a personal preference, is to take screenshots of the violation as the violator has it displayed.

The second step, should always be a professionally and firmly worded letter to the domain owner. To find the domain owner’s information, the most efficient place to look is Register http://www.register.com/, once you find the domain, access the WHOIS information for that site. An example of a letter you may use is below:

[Date]

Domain owner:

Material currently displayed on a website registered in your name [list offending website URL here] is a copyright violation. The original material can be found at [list your URL here]. This material is protected by copyright laws.

I ask your immediate attention in removing the material in question. Please do so within 48 hours, to avoid legal action.

-[your name here]

It is never a good idea to flood someone’s inbox, website, shout-box, with spam and/or threatening messages. This can only hurt your cause, so I would encourage you not to take any action other than the ones listed here. If you do not have positive feedback within 48 hours, the next step would be to report the incident to their host. Many hosts post information on how to deal with copyright violations. It is a good idea to review their policies and procedures prior to sending them an email.

Last, and certainly not least, consult a lawyer. It is always better to have the opinion of a professional who has dealt with such situations before you jump into it blindly. This way all of your bases are covered. Hopefully the person who posted the copyright violation will take it down before it comes to legal action.

I am just as frustrated as everyone else with those who rip sites and graphics. Almost more infuriating is the horrid and unbelievable replies I have received from those who have ripped my site. I have heard everything from “that is not a rip” to “I was testing out the scroller code that I got from your site”. All of which are lies, of course, from childish and unoriginal slugs in the community. It is up to us to protect ourselves to the full extent of the law, so that they start to produce their own work, instead of replicating the hard work of others.

Again, please consult the Copyright Law Website and a lawyer. Don't just take my word for it.

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