The IP Crackdown Cometh

I’d like to call your attention to a piece of legislation floating around the Senate right now. Dubbed the “Protect IP Act of 2011,” this legislation targets the businesses and parties associated with a website that has illegal files. Read Senate Bill 968, the Protect IP Act of 2011 (PDF) here.

Unfortunately, this legislation is not very sophisticated. I understand why it was introduced, but punishing someone for linking to a source means that you’re assuming they know whether or not that content is legal. In many, many cases — they don’t. Hell, that’s even happened to me before and I do my due diligence.

In my experiences, I’ve seen sites that are set up as third parties, where they become a filter for illegal content without actually hosting the files. The DMCA does not apply to sites that “link” to illegal content, and I’m inclined to think that this tries to fill in the gap.

I don’t expect that this legislation would be used for “a” link, but the way that it’s presented makes it difficult to tell how to prosecute. The way this reads — they could. After all, an information location tool isn’t just a search engine, it’s a website. It’s a Twitter feed. Facebook. e-mail. Whatever.

Here’s the legal definition:

According to 47 USCS § 231 (5), [Title 47. Telegraphs, Telephones, and Radiotelegraphs; Chapter 5. Wire Or Radio Communication; Common Carriers; Common Carrier Regulation] the term internet information location tool means “a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links.” — Definition of information location tool from US Legal.com

While the word “significant” was tossed in a few places, I don’t think the scope of this bill is apparent. This type of legislation would be extremely difficult to enforce on a link-by-link basis anyhow, unless they were targeting a specific site and tracked the backlinks, to file a class action lawsuit against the “pirate” and all the people who mentioned it. That process could be very time-consuming and, in some cases, result in a lot of detective work to find out where (e.g. which country) the content and website owner lives. What happens if Pirate Site Zimbabwe is linked to by a handful of people in the U.S.? If passed, the prosecution and defense of this bill could get really expensive, very quickly.

I’m concerned about the way this legislation is written and what happens when the law doesn’t work according to expectations. Will we see other, more visible changes to the ‘net dictating what we can access and what we can’t?

Part of the reason why I’m pointing this out to you, is because I feel it’s important for you to know what legislation is shaping the internet and make your own decisions as to what you feel about these laws. Regardless of what you believe, please take the time to follow sites like Wired.com and TechCrunch or net evangelists like Cory Doctorow. You don’t have to agree with everything (or even like) what these sites report, but education is the first step to understanding how you’ll be affected.

Guest Post: Why Mixing Content is a Bad Idea

For today’s post, I’d like to turn my blog over to Jonathan Bailey, a copyright and plagiarism consultant and CEO of CopyByte. Be sure to read is bio after the post below.

In the music or video world, remixing can often be a very good thing. People take short samples of music or short clips of videos and create entirely new works of incredible creativity.

However, creating a proper remix takes a great deal of talent and effort. It is more than simply a process of splicing together various elements, it involves the creation of a brand new work using pieces from others that usually offers commentary or adds to the original works.

Unfortunately though, some have tried to use a form of remixing as a shortcut to creating content for their site. This usually involves copying and pasting various passages of content from various sources and stringing them together to create a new work that is meant to replace the original, not expand upon it.

This practice, often called “splicing”, is a form of plagiarism that is not only unethical, but also is illegal and, frankly stupid.

If you are are considering engaging in this kind of behavior here are a few good reasons to avoid it.

Copyright Law and Splicing

Legally speaking, most well-done remixes are viewed as safe because they rely on fair use, which allows artists, reviewers and others to use small portions of content for the creation of new works and for the purpose of commentary and criticism.

The problem with fair use is that there are no hard and fast rules as to what is and is not a fair use. The law was written to be flexible and each case is handled on an individual basis. However, the four factors used by courts to determine fair use are as follow:

    1. the purpose and character of your use
    2. the nature of the copyrighted work
    3. the amount and substantiality of the portion taken, and
    4. the effect of the use upon the potential market.

Factors one and four are the most important and it is easy to see why splicing is very likely to run afoul of the law. Since the intent of the use is to create a replacement for the work and not a wholly new one, that hurts splicing seriously on both the character of the use, which looks to see how transformative the use is, and the effect on the potential market.

So, for example, using snippets from various articles to create a new work, is likely to be considered an infringement. Copyright holders who have had their content used in this manner are free to file DMCA takedown notices and, in extreme cases, file a lawsuit against the person doing the splicing.

How Search Engines See It

Search engines crave original content and value it very highly. Sites that prominently feature original works are ranked highly in the search engines and those that have duplicate content are pushed either way down in the rankings or, even worse, in the the supplementary index where almost no visitors see it.

The problem with splicing is that it doesn’t create original content. Since all of the content is lifted verbatim or nearly verbatim from various sources that Google already indexes, the search engine can trivially detect this and works to reduce the ranking of these pages.

Though it is difficult to tell how much content one needs to include for Google to be able to detect it as duplicate, anything over a few sentences typically is discovered and is treated as duplicate content. As such, if you splice together a story using a few lines or paragraphs at a time, Google will most likely detect it and penalize you accordingly, making the effort worthless.

Quality of Work

However, even if Google and the other search engines are fooled by the splicing effort, your human visitors most likely will not. Different articles, even from the same source, have different styles, tones and structure. Stitching them together creates a mash that doesn’t flow and seems very awkward.

Real remixes and mashups take advantage of this, using the juxtaposition to create commentary. Spliced works, on the other hand merely come across as poorly-made creations that are inconsistent and awkward.

If one wants to take the time and energy to fix this problem, they need to dedicate so much to it that it would, in most cases, have simply been easier to create a new work from scratch. However, since creating a completely unique work avoids the copyright and duplicate content issues as well, it is by far the best approach to take when trying to craft high quality content for your site.

Bottom Line

Though there is a place for legitimate remixing, using splicing as a shortcut to create content for your site is not only probably illegal, but also stupid.

Not only does it produce content that is not widely-accepted by the search engines, it also produces poorer-quality work that won’t be well-loved by human visitors. Any attempt to edit content to avoid these issues will require more work than simply writing a new piece, making the entire purpose for splicing content moot.

In the end, if this is an approach to content generation you are considering, you would be wise to abandon it and either use content legitimately, for example under a Creative Commons License, or, even better, create your own work from scratch and only quote/cite material you need to bring into it.

Doing so not only keeps other bloggers and search engines happy, but is by far the best way to build and grow your site online.

About Jonathan Bailey

Jonathan Bailey is a copyright and plagiarism consultant and the CEO of CopyByte, a consulting firm specializing in copyright on the web. You can also find him at his blog Plagiarism Today, a site dedicated to helping content creators protect their work, and stomping around the New Orleans area looking for geocaches.

Tips on How to Be a Pro | Part Two of Three

Last time, I kicked off the series with a quote from Jennifer Brozek and offered some Tips on How to be a Professional for part one of this three part series. So far, this topic has been pretty popular so I’d like to continue it with more tips and quotes from other professionals working in the publishing industry.

This first quote is from Jess Hartley, an author and game designer who is helping geeks navigate through the waters of conventions, manners, social situations and a whole lot more.

Being professional doesn’t mean being false or phony. It means handling each encounter with the thoughtfulness and respect it deserves – taking the good graciously and dealing with the bad so as to cause no more harm than absolutely necessary.–Jess Hartley, Author and Game Designer

Being genuine is a big part of being a professional, which is why it’s a good idea to leave your “ego-licious” attitude at the door. This next tip is from illustrator extraordinaire Jeff Preston, who understands all too well what being a professional means.

Keep your ego in check. Respect yourself and your work, but don’t let it be a hindrance to your business relationships. A lot of being a professional is just knuckling down and doing the job, regardless of whether you feel like it or not. —Jeff Preston, Illustrator

I’m sure some of you might have witnesses how ego can get in the way of either getting an assignment, developing relationships with other writers or editors, or even grabbing an elusive contract.

Thanks to Jess and Jeff for adding their tips for my series. Here’s ten more tips on my take for how to be a pro:

    11. Act Appropriately At Cons – Showing up to a convention to meet with someone wearing a ripped t-shirt? Trying to get an interview on the busiest day of the con? Jess Hartley wrote a popular series called GenCon For The Aspiring Professional which talks about tips for finding work and scheduling meetings at a convention.

    12. Don’t Get Hung Up On Minutia – Are you arguing with your editor for hours over a comma? Holding up your deadline because of a single word? While the amount of minutia that’s important to you may vary, when you’re a “pro” you’ll discover that you might have to compromise with certain things on occasion. I understand that there are things that are important to you as a writer, but keep it in the back of your mind that too much minutia may affect your ability to meet deadlines.

    13. Learn How to Compromise – Don’t like a particular word choice? What about feedback on a scene that you wrote? Compromise is part and parcel to the writing process, because often it’s a collaborative one. Good editors are worth their weight in gold because their job is to make your writing even better. I’m sorry, but no writer “gets it right” on the first draft of a story. There’s always room for improvement, criticism and feedback. The question is: What will you do with that feedback once you get it?

    14. Understand There’s a Time and Place for Innovation – This goes back to Jeff’s tip about “keeping your ego in check.” As a pro, you have to learn that you won’t be the superstar on every project you work on, even if it’s something you pitch. Many projects (books, games, etc.) either have a business model that will support the project, or it was designed with one in mind. When you work for a project with a tight business focus, you may not get the opportunity to put your personal touch on it. Not every project is structured in this way, but they do exist.

    15. Don’t Take Criticism Personally – Remember when I said that the writing process is collaborative? There are times writers will get heavily critiqued through rejection letters or reviews. While this may be upsetting, your work is what’s drawing the criticism. This doesn’t mean you’re a shitty writer or you should just give up your dreams now; it means that someone didn’t like your work and you have to decide what to do with the feedback you’ve received. When you share your stories and your articles, accept the fact that your words will get critiqued, dissected and analyzed. Some readers are more careful than others; some books will sell even if they get bad reviews. Knowing that you will get criticized, though, is half the battle.

    16. Be Gracious When Someone Doesn’t Like Your Writing – There have been way too many authors, companies, etc. getting caught deleting bad reviews from Amazon.com, arguing with reviewers via Twitter and other social media channels, etc. Here’s the thing: the people that matter are the ones reading your arguments, not the ones who are arguing with you.

    No matter how many times you try, you can’t convince someone who didn’t like your book that they should like it. It’s hard not to be whiny (online or off) when someone doesn’t like a project that you’ve worked on, but there’s a time and place for it. Instead, I recommend thanking your reviewers for taking the time to read your product in the first place or simply ignore the bad reviews.

    17. Be Happy For Other People’s Successes – Have you heard about the international best-selling writer who made millions off his first book? Yes, there are writers who “hit it big” right off the bat, but that is an exception rather than a rule in publishing. As you meet other authors, it’s quite possible that you might watch another writer “pass you by.” Keep in mind that becoming a successful writer is NOT a race, and one writer’s success might be another writer’s headache. Enjoy your own path and be happy for someone else’s, because no two paths are completely alike.

    18. Don’t Plagiarize – It is hard to believe that plagiarism is still rearing its ugly head, especially with today’s technology, but it still exists. (This also includes taking credit for someone else’s work when you haven’t written it.) Unfortunately, not every case of plagiarism is a situation where someone stole someone else’s work; there are opportunists out there who sue because an author is wildly successful. As a result, some publishers and writers will post that they won’t read unsolicited submissions and will shred any that they receive. I recommend developing your own Writer’s Manifesto to remind yourself of your ethics as a professional writer and follow submission guidelines to the letter. In some cases, those guidelines can actually help prevent your work from being plagiarized, too.

    19. Repeat After Me: Publishing is a Business – Publishing is, first and foremost, a business that sells books. As business owners, publishers make decisions based on their business model. That model may (or may not) line up with what you have to offer. In my experience, once you truly realize that publishing is a business, you will be able to set yourself apart as a professional. This mantra is not intended to be soul-sucking or a downer, it’s simply a gentle reminder that when you chase your proverbial rainbow, you’re actually looking for a contract and not that shiny pot of gold.

    20. Love to Write (Or Get Out Now) – Being a writer is really, really tough, but being stuck in a profession that you can’t stand is even harder. Unfortunately, your work may suffer if you find writing is a chore, which is why I hope you do love it as much as I do. Even if you’re not as passionate about writing as I am, I hope you find the vocation that calls to you. I find that it’s much easier to be successful and professional when you’re doing something you love, rather than something you can’t stand.

Thanks for sticking with this fun series about being a professional. If you have something you’d like to share, be sure to post in the comments below!
🙂

Who Owns Your Content When You Blog? Facebook? Twitter?

After reading this article Facebook owns your content. All of it. Forever, I am reminded of the virtual lack of control content generators have over their content online. This is one of the reasons why I am very careful with not only what I publish online — but where.

Here’s a breakdown of the services I use, how I use them and their “content ownership” policies.
Read More…

The Death of Copyright by Guest Blogger Chris Clark

Today my readers I’d like to feature a guest post by a hobby games veteran. Chris Clark from Inner City Games Designs gives us his thoughts on copyright. His thoughts were spawned by a very intense discussion regarding the Google class action settlement with the Author’s Guild. If you’re not aware of the lawsuit and subsequent settlement, you’ll want to read The Author’s Guild Google Settlement Resources and how it might affect you.

I’m an industry dinosaur. Inner City Games Designs (ICGD) is approaching its 30th year in business (est.1982, first pubbed product actually in 1981 – it was a smaller, kinder industry then). I frankly have 107 published IPs that could be in serious jeopardy if the courts allow this to happen. I’m working on two books and four games for the next quarter as well.

I do a LOT of things to earn a living, and always have.

I can build a car from scratch.

I can build a house from scratch.

I can build furniture from scratch.

I was a restaurant chef for 7 years.

I was a logistics (import/export) guru for 16 years (although I am now sadly out of date).

WHY do I write stories and games to make my living? Because, if I do that job well, that particular body of work should outlive me. The effect that said work will have on its intended audience will extend beyond the brief span of years with which I have been gifted. In short… those ideas, those IPs, are my legacy (not Google’s legacy, not some programmer’s legacy).
Read More…

Next Posts




Monica Valentinelli >

Looking for Monica’s books and games that are still in print? Visit Monica Valentinelli on Amazon’s Author Central or a bookstore near you.

Archives

Back to Top