How to protect content from theft and get back links

A couple of years ago we published on Habré the article “ We are preparing a user agreement with our own hands ” with brief explanations in the order of its compilation based on a free template . The template is distributed under the terms of an open license with the only requirement: put a hypertext link to the copyright holder's website.

The article enjoyed considerable popularity, however, we did not notice a significant increase in traffic due to link clicks from third-party sites that used our template. As a result, we even thought that the owners prefer samopisnye user agreements or order them from familiar lawyers.
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What was our surprise when the other day thanks to a randomly discovered content checking service for uniqueness, we found more than 70 sites that somehow copy our User Agreement without reference to the copyright holder. The most interesting is that in most cases the full text was posted without any modifications or with minor changes.

I think many times faced similar problems. But it's easier for us, because we specialize in copyright protection. Therefore, we decided on our own example to show you the ways and means of dealing with copy-paste.

On the diagram, you can see the results that we received a day after the submission of a violation of content rights. See under the cut, as we have achieved.

Step 1. Claim preparation

For a start, we made a statement about the violation of content rights . You can use it as a template if you are interested in a back link to your own website. With minor modifications, the application can also be used to completely ban copying of your content.

Remember that from May 01, 2015, you can block any site that hosts counterfeit content (except for photos). This gives a substantial weight to your claim.

Moreover, now in the Federal Law "On Information ..." even the requirements for the application, the order of its submission and the response time are set.

By law, the application must contain:
1) information about the rightholder or the person authorized by the rightholder (if the application is sent by such person) (hereinafter referred to as the applicant):
a) for an individual - last name, first name, patronymic, passport details (series and number, issued by, date of issue), contact information (telephone and (or) fax numbers, e-mail address);
b) for a legal entity - the name, location and address, contact information (telephone and (or) fax numbers, e-mail address);
2) information content posted on the site without the permission of the copyright holder or other legal grounds;
3) an indication of the domain name and (or) the network address of the site on which the counterfeit content is located, or the information necessary to obtain it using the network;
4) an indication that the copyright holder has rights to this content;
5) an indication of the absence of the copyright holder's permission to post content or information on the site necessary to obtain it using the network;
6) the applicant's consent to the processing of his personal data (for the applicant - an individual).

Within 24 hours of receipt of the application, the site owner must remove the content or information necessary to receive it over the network, or provide evidence of the legality of their placement. Otherwise, in court the site owner will be found guilty of violation, because he did not take the necessary actions aimed at eliminating it.

Step 2. Securing evidence of violation

Then we simply printed out and assured us personally pages with a counterfeit agreement. It was possible to make a notarization or notarial examination of evidence. But this is not a cheap pleasure, therefore, it was postponed to the stage of summing up of the claim work.

In addition, notary services can be saved if you file an application for the provision of evidence to an arbitration court on the basis of Art.72 of the Arbitration Procedure Code.

Step 3. Submitting Claims

After that, a domain registrar feedback service sent a complaint indicating specific links to the pages where the text of the User Agreement is placed without reference to the source of borrowing.

When sending claims made screenshots. Print out and personally assured. In the event of filing a lawsuit, they will help us confirm the fact of a preliminary appeal that will make the defendant guilty.

Step 4. Work with objections

The main objection: “Show registration certificate!”. This argument is simply parried, because for the emergence, exercise and protection of copyright does not require registration of the work or compliance with any other formalities (paragraph 4 of article 1259 of the Civil Code).

The user agreement was first published on the Internet under an open license on our website in 2013. You can verify this information at the independent source archive.org , which archives the pages of most web resources.

It is important that the printouts from this archive are accepted by the court as evidence, since none of the parties to the dispute can affect its content.

Moreover, until that time, the agreement was used by us in various modifications in customers' commercial projects, so we will be able to submit contracts, acts and letters of customers to the court confirming its development by us.

Step 5. Summing up

A total of 43 claims were sent. During the day, 58% of administrators sent us an answer. Of these, 60% put a link to our site, 32% removed the agreement, and 8% objected.

It is curious that, as an excuse, many referred to the provision of the text of the agreement:
1) site developer
2) a lawyer

The first is somehow understandable, but the second is not at all happy. Although it will also be instructive for fans of plagiarism, when they receive a claim from the customer.

Of the "silent" 17% put the link, 17% removed the controversial content, the rest ignored the claim.

Total, in 68% of cases, the requirements are satisfied voluntarily. Only 42% provided a reciprocal link to our site, 26% removed the agreement, and 32% ignored the claim in one way or another. These figures are completely correlated with the results of the claim work to protect the content of our clients.

So, after summarizing the preliminary results, we see a positive result in most cases. Otherwise, we exerted real pressure on the violators and the performers attracted by them, which, no doubt, will affect further relations. At a minimum, violators will try to minimize the risks, if they don’t belong to their site all the same.

Then you can think about the real prosecution of the offender in court. Be sure to tell you about the results of the demonstration process, if it comes to that.

Write in the comments how you fight the theft of your content.