Well, it's time once again for this weeks edition of "ActiveRain Community Guidelines Re-Visited" where we're going through each of the guidelines, one by one, and expanding on their meaning.
This weeks guideline is perhaps one of the most important, and often, the one most violated:
- Respect copyrights. Only upload content/images that you have the right to use (what you have paid for or own), and whose copyright rules allow for commercial use.
And another one that is similar:
- Do not plagiarize (copy and paste) content from another source, and publish it as your own. You must obtain expressed permission from the original source to republish, and give reference to such within the body of your post. Permission to re-print is NOT the same as permission to re-publish.
Let me start off by confessing that I was guilty of violating this guideline very early on in my initial few weeks on ActiveRain. I was a newb. The only blogging I had done was on MySpace, and I don't think that really qualifies. I was totally ignorant about the whole 'copyright' 'plagiarism' thing.
Well, ignorance is bliss, but it doesn't keep you out of jail, or court, for that matter.
Let's start off first by defining what exactly constitutes copyright infringement:
"The original author of a particular article or blog post is the only person who has the right to derive any benefits from the publication and subsequent distribution of that article/post. You must purchase/pay for the right to publish or distribute someone else's intellectual property, otherwise you do not have permission to publish that material as content on your own blog."
I think a lot of well-intentioned, and seemingly innocent people are guilty, at one point or another, or copyright infringement or plagiarism. Many of us enter the ActiveRain blogging fray with little or no prior experience. We simply lurk and learn. We watch other members, and mimic what they appear to be doing. We assume that certain practices are accepted. But many times, they aren't.
It's usually not until someone makes a comment in your post, or sends you an e-mail, that you realize you've messed up. Or worse, one of the AR gods robs a few of your points, and you cry 'Foul!' Fortunately for me, I had some very kind mentors who helped point out the errors of my ways.
Just so we're all on the same page here, points are awarded for your own original content. Points are not bestowed when you simply reprint other people's intellectual property, whether you have permission to republish their content or not. But we'll deal with that issue at another time.
Perhaps one of the resident authorities on this subject is our own, Lenn Harley. If you peruse her blog archives, you'll find a wealth of very helpful and practical advice as it relates to copyright infringement. Lenn herself has pocketed a nice chunk of change from those who were foolish enough to mess with her content/images.
In one of her articles, "You cannot 're-print' on ActiveRain," Lenn states:
"IF YOU DIDN'T WRITE THE ARTICLE, you do not own the content and cannot publish it - EVEN WITH ATTRIBUTION."
Hold the Bus, Gus! You mean, even if we give credit to the original author within the body of our article, we can't publish it?
Lenn goes on to say:
"If you ask an author for permission to "REPRINT" and receive that permission, you may PRINT the article and distribute, perhaps in mailings or hand-outs in a relocation package. The author's name will be on the article. You are merely distributing the article and will benefit only by the limited number of copies distributed. The author still benefits by having their writing distributed."
So what you're saying is that obtaining the original writer's permission to re-print doesn't mean you have the right to re-publish their content to your own blog?
As Lenn affirms:
"PERMISSION TO REPRINT IS NOT PERMISSION TO PUBLISH"
(Now might be a good time to go back through your archive of past blog posts, and delete/amend any suspect content, whether text or images)
So what if you only want to use a small portion of someone's content, perhaps a sentence or two, as quotes within your blog post?
Well, according to Lenn:
"USE SNIPPETS AND LINK - THAT'S "FAIR USE"
"The proper or legal way to get the information to the reader would be to publish an "introduction" or "snippet" (three or four lines of the original material) and then LINK to the article on the author's web site. The "Fair Use" exclusion under copyright law was intended for reviewers of original material, critics of books, movies, etc. to use "SNIPPETS"or short excerpts of original material and then publish the review of the original, not the original. When one publishes an entire article, they have violated the copyright of the author, even if you give attribution and include the author's name in the article."
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So there ya go! A crash course on copyright infringement and plagiarism. I don't think we've quite covered all there is to say on this topic, so next week, I want to discuss further the issue of copyright infringement as it relates to the copying of images/pictures.
Until then, have a fun (and legal) rest of the week in the Rain!
(Note: All quoted source material is the intellectual property of Lenn Harley of Homefinders.com, and is used by both expressed permission and 'Fair Use' exclusion)
For further reading enjoyment: How to Kreate Kwality Kontent Is There Really Copyright Confusion?
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UPDATE: A suggestion was made to make this post available to our members when they encounter a blog post on our Network that clearly constitutes 'plariarized' (copied & pasted) content from another source, and to simply insert a link to this article into the comments section of that post. Others may feel more comfortable sending an e-mail to the fellow member, with the link embedded there. Either way, please feel free to use this post in whatever ways are most appropriate in assisting other members to better understand the importance of this issue. And always remember to demonstrate grace to those who are in error. Thanks!
Rich,
These instructive posts are so helpful. I'm sure they take time and research on your part, but they really do make a huge difference for AR members. I've been reading and learning and I'm sure others feel the same. Thanks!
I try to go out of my way to not step over that line. I thought I was pretty knowledgeable on the subject, but have learned so much more from Lenn's posts.
A discussion of copyright should also include the concept of public domain. Many government works are automatically in the public domain, as is a huge collection of photographs from the Library of Congress. More info can be found in Wikipedia's entry on public domain.
great and informative post. I still don't see why people still find that plagarism is okay.
One thing I've seen occassionally on AR is featured posts where the photo still has the copyright symbol splashed across it. Obviously the photo was not paid for and yet the poster has been rewarded with a feature. Despite how great the content of the post might be seeing the copyright symbol on the picture makes me pass on by.
I kinda agree with Missy that before newbs can post, you might have them do some required reading...
I belong to another forum and I had to check off and read their rules before I could log a post in the forum. Maybe you could set something like that up. Have people check that they've read certain posts before being allowed to post a blog.
I know as a newbie there were some fantastic blogs I wish I had read before I dived into blogging.
Thanks Rich. Really informative. I didn't realize there could be a problem even if you credit the original source.
Good luck
Rich, you posted this with the most perfect timing...a question was brought up regarding plagiarizing website content recently. {someone caught another stager in their market who blatantly copy and pasted the material from her site to their own...} It's safe to assume that these guidelines apply as well, correct?
Rich.....thank you for bring us up to speed with the reminder. It can be so easy to cut and paste something of value. Now back to originality!
Rich,
Thank God no one owns 'words'...we'd all be up the creek except Andrew Lenza!!! :^) Thanks, Fran
I am laughing at how I read this sentence...my friend Bill G. wrote "Rich people need constant reminders on this subject."
I read it and wondered what it mattered that they were rich. Rich people, poor people... there's no excuse for plagiarism!!!
Oh the Rich is Mr. Jacobson....
;- )
I want to thank you Rich. As I'm a newby to this pretty much, I appreciate any info on doing it the correct way.
Gracious Rich...
Wonderful post. I've been waiting on this one :)
After all the research I recently did on this issue what I learned was the following:
- Nothing is really free (i.e. the so called free image sites)
- If we have obtained permission to 'publish' another's content/images we need that permission in writing.
- I have to pay to play regardless of how cute I am :)
- Lenn is always right :)
For those of you who don't think you can be prosecuted for copyright violations...You're wrong about that :)TLW...ROAR!
John...
Although Public Domain images are Public do we really have the right to re-post those images?
From everything I've read permission to publish must be granted by someone. Yes?
Please correct me if I'm wrong. If you don't...Well...I can't learn :)
P.S. In the event John never returns...Could someone please clarify this for me. Thanks :)
TLW...ROAR!
This is important and I have a question about videos. When I did not produce a video I embed...does youtube they give you rights to share? Are we suppose to check the box that we didn't produce the video?
That is an area I don't understand. If you think of a classic R&R song, I obviously didn't write Hey Jude but want to include the Beatles classic. I think its still okay. Correct me if I'm wrong here. Thanks in advance. (Any YouTube not produced by yourself would fall into this question.)
Precious TLW...
I will attempt to deal with Public Domain images next week....
I don't want to copy any of the earlier replies, so I will say you should never plagerize, but you can use snippets and link to Heather Coker comments section so I don't get into trouble. I'm learning.
Thanks for the updates on the "Do's and Don't" on blogging.
Sean Allen
Rich - You're telling us to insert a link to this post in the comments on a plagiarized post. But, aren't we not supposed to confront other members? Shouldn't we just flag the post?
There is a ton of plagiarism here on AR. Some days there is so much that I just stop reading out of frustration. Is anything being done?
Rich,
I'm glad you wrote about this at length. And got Lenn Harley involved, too. This is an issue that is abused quite a bit and hopefully those crossing the line will learn from what is here and grow up.
I hate to think of the number of illegal hot-linked pics that are on here. I see some content swiping, but I know that there are a lot of people using Google Images a little too much.
Hint: Creative Commons
Aloha Rich,
Thanks for the informative blog. It helps to have this information pointed out, regularly.
Peace,
Gracious Rich...
I think it would be an excellent idea to bump this post to the top of the featured list.
What say you? :)
TLW...ROAR!
You are right, some people may not know it isn't ok, even if they give credit, but on the other hand, others use it to their benefit. Good post-no excuse for anyone to steal others' writing.
Rich: So what do WE DO when we come across an AR-er who has cut and pasted an entire POST???
Kat...
I can help with that. You can do one of two things...
1. Post a link to this article on the offending Blog post.
2. Flag the post.
Personally, I would just post a link and nothing but the link to this post. To say anything could be misunderstood as you disciplining another Member and that violates the AR Guidelines. We don't do that around here :)
TLW...ROAR!
Rich, the only pics that I use now are the ones I take.. Darn, I have not been taking any lately. AJ
I definitely think that when signing up on Active Rain, there must be a checkbox about reading what PLAGIARISM is for new members during sign-up. i somewhat understand the demonstration of grace, however, I'm not really sure if anyone not have a clue on plagiarism especially what had happened to me this week. The thief copied and pasted my entire content as well as photos. Surely, no one in the right mind would think that's acceptable - especially copying and pasting someone else's content here on Active Rain?
No matter what, Rich.... Thanks for the help. It is greatly appreciated.
Thank you for very helpful information regarding re-print and re-publish. Definitely needed in the real estate community, both in blogging and otherwise!
It is simply astounding how many people republish without permission. Just this week I saw a blog from a San Jose Realtor (not on Active Rain) who republished an article from the Washington Post! She apparently thought that was OK because she included a byline and all - while still copying an entire article! Most news agencies would not tolerate that.
Gosh. I just want to know how Lenn Harley got to be so smart. Wish I could be like her when I grow up. Problem is I am already grown up! No hope! Very informative post Rich. Took me back to the days when I was a high school senior writing my first term paper. The whole class received 'F's and had to rewrite all due to plagarism! Good ole' Mrs. Leuchter......
Thank you for the post. I think I will review all my old posts to make sure that I have ever unintentionally committed this Crime.
EEEK! Scary stuff! Thanks so much. I've got to check my posts for the images that shouldn't be there!
It's fine to read all 97 pages of a new law and summarize it into 1 short blog, right? Most people won't sit for 7 hours reading something. I love to summarize some impossible document for people so they can get the points quick and easy to save them time and effort.
Thanks for bringing this topic up again. I'm a big advocate of removing the copy-and-pasted material that's been reprinted without permission so much all across AR (mostly as an effort of lazy people to get points). Here's an article I wrote if you want to red more on the subject. I will definately be flagging more posts and leave this link as a helpful reminder to those that need it. I hope AR does more to regulate the material once it has been flagged. You should require written proof (an email) that they have permission to repost. I have a folder in my email where I save all my permission to repost emails for my website in case anyone ever wants to question the matter. And always, ALWAYS give proper credit in the form of a link.
Awesome blog! Always very tempting to use others' ideas, and not such a great idea to do so..... Thanks for reminding!!
Rich, Where does the new RE-BLOG AR feature fall in all of this? Mike
So I want to write an article on the history of my area. I have read many articles in the newspaper and various publications through the years and now this knowledge resides in my head but originally it came from reading other sources, such as the historical article published in the newspaper weekly.
Rich, what do I do? After reading this, I am cautious to write the article. I won't be quoting any sentences, it will be my words, just the facts come from accumulated reading over the past 20 years :)
The first time I saw the 'reblog' article, copyright infringement immediately comes to mind. Does reblog allow the member to copy but with permission? Just a little confused here.
Thanks for the reminders...
I was reading some of the blogs here and would like to report this post as a total violation of your policy. plagerisim at its worse.
http://activerain.com/blogsview/491386/How-to-Erase_credit
taken from here
http://www.creditinfocenter.com/repair/inqerase.shtml
still need to do more reading on this one - i think i am ok but need to make sure. I usually link to the original content whenever I use something from someone else.
Here is a good overview from Standford Law on Fair Use.
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
Hi Rich
Great post, the information is right on target and will help people to understand copy rights laws.
Good luck and success
Lou Ludwig
Rich,
As a new member to active-rain and the blogging world I wanted to thank you for the information. It is very helpful.
This is one subject I just don't GET! Why is it so difficult to understand that IF YOU DIDN'T WRITE IT...IT AIN'T YOURS? Hmmm...pretty simple to me. GBU!
Rich,
Your article is so timely, and I have a burning question for you before I possibly do something I"ll regret. Rich, can you please let me know if my plans to do the following would be considered an infringement of copyright law?
Just yesterday my favorite mortgage broker (also on AR) and I agreed that it would be a win-win for me to rePUBLISH his A/R posts on my non-Active Rain Blog (I have an AR blog and an outside blog). So let me be clear about this, we were planning to take his A/R content, publish it on my NON-A/R blog (NOT on my AR blog!) with full credit due him and links back to his AR blog on every post. I have his express written permission and blessings. Our thought that would be a win-win. His A/R blog would get more hits and my outside blog would get the benefit of his knowledge.
Rich, can you please let me know if this is considered a violation? I certainly don't want to do anything we shouldn't be doing!
Thanks for the information - Your post is very consice & helpful!
Best, Dan
Dear Anonymous: Jason Calacanis dealt with that issue previously....
Yolanda: Our members elect/choose to allow their articles to be re-blogged. So they are granting other members expressed permission to repost them. Plagiarism is stealing (taking without permission) the intellectual property of another.
Excellent post Rich, thank you for the reminder of what not to do!
Thanks for the info. I asked this of Lenn also - is it plagiarism to reprint an email that has been around and around? Many times I receive an email with pictures, quotes, little quizes etc. and after they make the rounds in my office I see it on a blog on AR. Is this ok or not? And how about cartoons - political - just funny - from the funny papers. I have a bunch of REALTOR comic strips from Hi & Lois that I was going to use and then reference with an original blog article - is it legal to copy in old comic strips?
Thanks - Kathy
Is re-blogging plagiarism? If so why do we have the re-blog feature?
This is such an excellent and informative reminder to every blogger. We have had problems in our local MLS when agents use the same photos and verbage from another agent's expired listing. It's frustrating for those of us who take our own photos to see them showing up on someone else's listings!
There is a guy in my market area that cuts and pastes articles everday from the local paper and posts them as his own material. What can we do to stop this misuse?
Kelly: Shoot me an email with the member's name, and I will look into it. Thanks! rich at Activerain.com
I just left you a message Rich. I just got points taken away and I STILL don't understand what I did. I wrote all the content myself. I paid for the pictures and I did my own video. The only thing I do understand that I did wrong was that I should not have posted it to the Realtor group. How can I get help? As a newbie I am pretty overwhelmed trying to learn everything and thought I did everything correct. I wish they would give us a personal note or something telling us what we did wrong in plain english. They connect me to three links and I could only figure out how it related to me in one of them.
Isn't there a better way of doing this. It seems someone could look at a blog and know they are new to this whole AR thing and give them a little help and tell them what they did wrong BEFORE they take away points. If someone would have told me what Idid wrong, I would have fixed it immediately--I still will if I can figure out what I did wrong.
HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Tami: It was really great talking to you by phone today. Hopefully we got everything worked out. Welcome to the Rain! I know you will come to enjoy and value your involvement here!
Hi Rich,
As you may know, Bob and I are adding several agents to our office, and I am bumbling through the project of creating a new, current, relevant Policy and Procedure Manual.
May I please Copy and Paste some of your post here on copyright to use in the "Social Media" section of my Manual?? :-)
Thanks!!!!!!
Cheryl: Absolutely! I would be honored to know it was being used for such a purpose!
Rich,
You may be surprised to get today a comment to a post written in 2008. I came from Tim Maitski comment on my blog about plagiarism. I never read your blog, I just followed the common sense, common decency rule.
I find the blog post very important to confused souls, and it has not lost a bit of importance, any bit of relevance today.
Thank you
Jon: A nice stroll down memory lane. Thanks for draggin' this one back up!...
Rich,
I have seen some forms like Seller's disclosures, prepared by attorney, with a line to initial at each paragraph. Making sure than not only you read (or looked through) the whole document, but forcing to pay attention to each line.
In the latest discussion, I was thinking that something like that, meaning your blog, would spare some troubles later on. As many others, I do not start with reading the rules or quidelines, I usually get to them when I am trying to figure whether I am getting into a hot water. Sometimes general decency rules help, but not always. I thought that I understand the way it works, but your blog has more than what I could derive from logic of everyday life only.
Thanks
Jon: If memory serves me, I think when people first sign-up to join AR, they are directed to the Community Guidelines, and are required to check a box that states that they've read them and agree to abide by them. The purpose of my series was to simply re-iterate what the Community Guidelines contained, and to expand upon their meaning....
Rich,
You might be right. It might be there. I might have forgotten, or when I signed up, maybe it was not yet there. Either way, very often I have to check that I have read and agree to the TOS, and i do it and I do not read it.
Just curious how many guys and gals actually read it.
Well, you gave me the idea for my next blog. Half of the points are yours, you are free to take them.
One of the agents in my market copies and pastes online news items on an almost daily basis. At least he (usually) includes a link to the article, which isn't necessary to follow, since he has posted the entire article on his blog!
When I think how hard I work to come up with original content, or at least paraphrase and consolidate market news for my blog, it really pisses me off.
Thanks for all the info. I am brand new to AR and keep hesitating to jump in as I am unsure of how to begin and do not understand all the rules of yet. I am finding a lot of information and guidance from so many members, so thank you for your post.