How Can I Stop Online Infringement?
As a creator of original content, especially on the internet, you must be constantly vigilant and take quick, affirmative steps to stop those who may try and merely reproduce it. But as the internet has grown, and become an excellent source of advertising, “authors” and various websites have begun the practice of copying works and using citations or link-backs in an effort to minimize the appearance of plagiarism.
An interesting distinction between copyright infringement and plagiarism is that plagiarism occurs when one tries passing off the work of another is his or her own. Copyright infringement occurs by merely copying the work without the regard or appreciation of whether it is wrong.
Therefore, when plagiarized articles or works appear on websites, or hosting forums, the question of liability comes into play. The Digital Copyright Millennium Act was drafted in an effort to provide a degree of immunity to ISP’s, so long as they act quickly to remove or disable the infringing material. However, in order to take advantage of the DCMA’s protection, an ISP must have no actual knowledge of a potential infringement, but takes immediate action once it becomes aware of a possible violation.
If you have questions about intellectual property registration, or are the victim of infringement, contact an attorney with Wood, Atter & Wolf, P.A. to discuss your options.
