How to protect content from theft and get backlinks

A couple of years ago we published an article on Habr “ Preparing a user agreement with our own hands ” with brief explanations on the procedure for compiling it on the basis of a free template . The template is distributed under an open license with the only requirement: put a hypertext link to the copyright holder’s site.

The article was very popular, however, we did not notice a significant increase in traffic due to clicks on links from third-party sites that used our template. As a result, we even thought that the owners prefer self-written user agreements or order them from familiar lawyers.

What was our surprise when the other day thanks to an accidentally discovered servicechecking the content for uniqueness, we found more than 70 sites that somehow copy our User Agreement without a link to the copyright holder. The most interesting thing is that in most cases the full text was posted without any modifications or with minor changes.

I think many more than once faced with similar problems. But it’s easier for us, because We specialize in copyright protection. Therefore, we decided by 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 sending a statement about violation of rights to content. Watch under the cut how we have achieved this.

Step 1. Claim preparation

First, we made a statement about the violation of the rights to content . You can use it as a template if you are interested in a backlink to your own site. With minor modifications, the application can be used to completely prohibit copying your content.

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

Moreover, now in the Federal Law "On Information ..." there are even established requirements for the application, the procedure for its submission and the timing of the response.

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

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

Step 2. Securing evidence of a violation

Next, we simply printed and certified the pages with the counterfeit agreement ourselves. A notarization or protocol of notarization of evidence could be made. But this is not a cheap pleasure, so they postponed it to the stage of summing up the claims work.

In addition, you can save on notarial services if you submit an application for providing evidence to the arbitration court on the basis of Article 72 of the Arbitration Procedure Code.

Step 3. Distribute Claims

After that, a claim was sent through the feedback service of domain registrars indicating specific links to the pages where the text of the User Agreement is posted without a link to the source of the loan.

When sending claims made screenshots. They printed it out and personally assured us. In the case of filing a claim, they will help us confirm the fact of a preliminary appeal, which will increase the weight of the defendant.

Step 4. Work with objections

The main objection: “Show the certificate of registration!”. This argument is quite simply countered, since the creation, exercise and protection of copyright does not require registration of the work or compliance with any other formalities (Clause 4, Article 12529 of the Civil Code of the Russian Federation).

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

It is important that 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 the indicated moment, we used the agreement in various modifications in the commercial projects of customers, therefore, in court we will be able to submit contracts, acts and letters of customers confirming its development by us.

Step 5. Summarize

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

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

The first can still be understood, but the second is not at all pleasing. Although it will also be instructive for fans of plagiarism, when they receive a complaint from the customer.

Of the “silent people”, 17% made a link, 17% removed the content in question, the rest ignored the claim.

Total, in 68% of cases, the requirements are satisfied voluntarily. Only 42% put a backlink to our website, 26% deleted the agreement, and 32% ignored the claim in one way or another. The figures given are quite correlated with the results of the claim work to protect the content of our customers.

So, after summing up the preliminary results, we see a positive result in most cases. Otherwise, we put real pressure on the violators and the performers involved by them, which, no doubt, will affect further relations. At a minimum, attackers will try to minimize the risks if they do not care about their site.

Next, you can think about the real prosecution of the offender in court. Be sure to tell you about the results of show trials, if it comes to that.

Write in the comments how you deal with the theft of your content.