Content Theft – What to Do
Bloggers often have their content unlawfully copied and reproduced without permission. We understand the value of intellectual property, and will take immediate action to ensure your rights are protected should the culprit be a site hosted on WordPress.com. However, if the subject of the complaint is on a website hosted elsewhere, we will be unable to take any direct action. It is important for you, as a WordPress.com blogger, to understand the possible course of action that you can take in order to protect your copyrights.
Please note that any infringement notices submitted via our DMCA takedown or trademark infringement processes may be forwarded to the party that made the content available, or to third parties such as ChillingEffects.org.
Here are the appropriate steps that you may take to file a DMCA (Digital Millennium Copyright Act) notice, should you determine that any of your content has been stolen or used in an unauthorized manner:
1) Determine which content has been stolen.
Is it an excerpt from one of your posts? Is it an entire post? Is there a link pointing to your original content? Make note of the specific URLs involved – you will need the URL containing the copied material, as well as the URL containing the original material, if available. Keep in mind that there are Fair Use principles that must be considered – these permit the certain use of material without express permission. For instance, if a blog is found to simply offer commentary on one of your writings or articles (much like a book or film review), you may not want to proceed with filing a DMCA complaint. Please note that the WordPress.com support staff will not provide any sort of legal advice regarding what may and may not be considered copyright infringement.
2) Determine whether or not the blog is hosted at WordPress.com.
If you see a link that reads “Blog at WordPress.com” in the footer of the blog (linked to http://wordpress.com), this normally means that it is hosted here (although external blogs may place this in the footer, if they choose to). Also, if you are logged into WordPress.com, you will see your gray-colored admin bar at the top of your screen. If this is the case, you may submit a formal DMCA notice at the following address by following the instructions at the following URL: http://automattic.com/dmca-notice/. Remember, sites using the WordPress.org software may have links that point to WordPress.com and WordPress.org sites. This does NOT mean, by default, that it is hosted by us at WordPress.com. If you are still unsure, please feel free to contact our support staff for clarification.
3) Attempt to contact the blog/site owner, advising them to remove your content.
While we do recommend this as your first course of action, it is important to note that it doesn’t always work. The owner of the infringing site may not have contact information available for you to use – or they may simply ignore any requests that you send them.
4) Gather the appropriate host’s contact information.
If attempts to contact the site’s owner fail, your next step is to contact the site’s host. You will need to utilize some look-up tools in order to ascertain this information. Here are some resources:
- Finding the host: http://www.plagiarismtoday.com/stopping-internet-plagiarism/3-finding-the-host/
- Finding the host’s DMCA/abuse contact information: http://www.plagiarismtoday.com/2009/07/16/6-steps-to-find-a-hosts-dmca-contact/
5) Compose your formal notice and send it to the host.
You may compose this on your own, but we have created a DMCA complaint form that will help you ensure that all required information is provided. If you aren’t sure how to compose a DMCA takedown notice, our complaint form is the best place to start.
Understand that when you submit a DMCA notice to a web host, the owner of the specific blog/site publishing the reported materials in question does have the right to review the notice in its entirety. If the owner does believe that he or she has the legal right to distribute or publish the reported materials (and that they were wrongly removed), a DMCA counter-notice may be filed. Unless you bring a lawsuit within 14 days, the host or service provider is required to reactivate the material. You can review further information regarding counter-notices and the put-back procedure here.
Trademark owners do not acquire the exclusive ownership of words. They only obtain the right to use the mark in commerce and to prevent competitors in the same line of goods or services from using a confusingly similar mark. The same word can therefore be trademarked by different producers to label different kinds of goods. Examples are Delta Airlines and Delta Faucets. For more information about what is and is not allowed under trademark law there is a helpful FAQ at: http://chillingeffects.org/trademark/faq.cgi#QID51
If you locate a WordPress.com blog that you believe is infringing upon your trademark, please submit your report via our trademark complaint form. You may also review our trademark policy for more information on how we process trademark infringement complaints, what constitutes trademark infringement, and what information we require.