May 132012
 

The bane of a bloggers existence some days is the evolution of the Scraper. The Scraper is someone who has set up a website solely to garner advertisers. They have numerous sites like this and they obviously don’t have time to write their own content, so they “scrape” illegally from others. It’s only scraping, though, if they are stealing your entire post1. Many times these scrapers have automated the process and will scrape directly from your RSS feed. I’ve added on anti-scraping plugins to WordPress which put in things such as unique keys (so that I can search for that key and find who else is using it) and copyright / anti-scrap notices in the post – they alert the reader that if they’re reading the post anywhere other than Dangerouslilly.com, it has been illegally scraped and please contact me.

Even worse, however, is when a fellow community blogger or sex toy manufacturer/retailer uses your content in entirety without permission. Some are just completely uneducated as to the rights and wrongs of blogging, but really….we all started out in the same clueless space and most of us have gotten where we are just fine without violating copyright, stealing content or plagiarizing, ever.

What is Copyright?

According to Wikipedia, copyright ‘is “the right to copy”, but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights.’

A few years ago when I was dealing with a site that took harassing me to a new level, which included posting my photos without my permission, claimed that all was well and fair in the copyright world simply because they had attributed the photos to me. Nope, sorry, that is not the only condition that must be met. Especially not since I have this copyright notice at the end of every post and at the bottom of my main page: “All text and images on this site require permission before they can be used anywhere. To obtain permission click here to contact me”. Notice how I’ve stated that all text and images on this site require permission before they can be used anywhere? Yeah. That’s kinda the whole key.

Permission.

Consent?

eh. fine line.

There’s an article on Sexis about bloggers and copyright – not necessarily our own copyright but talking about how we steal things. Namely, photos. Some are more guilty than others of course but the fact is, copyright violation in terms of using a photo in your post is pretty rampant. Not just sex bloggers, but any blogger. So while attribution doesn’t equal permission when you’re talking about using someone’s entire post, attribution can equal permission when you’re dealing with photos. It will simply depend on what the copyright holder allows. But if you found the image on Google because hundreds of others have used it without attribution, what can be done? The best we can do is protect ourselves with watermark copyrights on our own photos, and when we use a photo that we know actually belongs to a fellow blogger, retail store or manufacturer…..attribute it. Ask for permission if it is a blogger.

Microblogging vs Blogging

Now, here’s the rub: With the over-saturation of social media sites where you “share” stuff with your followers, you “reblog” on Tumblr, you “retweet” on Twitter…you have a blurry line of kosher sharing when it comes to blogging. When you reblog and retweet on Tumblr and Twitter respectively, you are copying what someone said and providing attribution. The line is blurred even further with Twitter, where “copyright” doesn’t really seem to exist. I mean, how can you possibly lay copyright to a Tweet? On Tumblr it’s a little different I suppose, but many people treat Tumblr as blogging. So if I posted a photo on Tumblr and nowhere else, I still retain my copyright. That photo is my intellectual property and if you post it on your own Tumblr without an attribution link, then you’ve effectively stolen content.

The fine line lays in the type of sharing. Tumblr, Twitter, Pinterest, even Facebook are all considered forms of “microblogging“; places where the “reblog” is common practice and accepted. Standard Blogging is vast and varied; we’re accustomed to WordPress-based sites, Blogger, LiveJournal, etc but there are many other places as well. Somehow, the concept of “reblogging” seems to have bled over (incorrectly) to regular blogging with the prevalence of microblogging.

Product Reviewing and Ethics

In the past I went toe-to-toe with Lelo when I noticed that suddenly they went from quoting excerpts of reviews to pilfering entire (but slightly modified to remove retailers links and in some cases, had no links to the review itself) review posts. They’d never told anyone reviewing products (given to the reviewer by Lelo) that this would be done; they never asked for permission; and in fact they did this on reviews where the product came from retailers! After raising a fuss like I am wont to do, they apologized and removed it all and now only have excerpts (with links).

I’ve noticed that niche sex toy maker Duncan Charles has been lifting entire reviews2, as well, and what’s worse is that they have ignored emails. Back when I posted about Lelo, Shanna Katz commented that it had happened to her a lot over the years as well.  I was offered the chance to do reviews for Nexus and at the time I viewed their site, I noticed that they had full text of reviews with no hyperlink. They had a text-only site address, though. But I wasn’t cool with having my entire review posted so I turned them down.

Ethical Blogging Practices

~Reblogging is NOT copying someone else’s entire blog post without their permission, throwing up an attribution link and calling it well and good. I see this as copyright violation and content theft. Also, just Bad Blogging Manners.  You can quote something from my post, with an attribution and link, and that is a horse of a different color. You can share a photo I’ve posted here via Tumblr, with an attribution and link, and that’s just fine.

~Posting someone’s photo without an attribution is content theft and copyright violation. I don’t care if the click-through link goes to their blog, the attribution line  (and link) is absolutely necessary.

~Creative Commons licenses on someone’s blog does not mean you get to skirt copyright basics or do away with attribution. Creative Commons exists to allow someone the flexibility of letting people know that sharing and even revamping is fine (with attribution) but it doesn’t dissolve copyright.

~And please…don’t EVER think you’re doing someone a favor by putting their content on your site. It’s insulting, it’s copyright violation, and it will earn you a very bad reputation.

 

 

  1. I’ve oddly run across scrapers who are more like news feed, where they take an excerpt – presumably for search engine content?- but not the whole post. This is usually done after they’ve been caught for full post content scraping.
  2. Of course since all the reviews lifted seem to obviously be reviews originally published on EdenFantasys, the only people that DC has to listen to is EF
  • http://pennysdirtythoughts.com Penny

    Thanks for sharing this; I didn’t know much about scraping before reading it… which WordPress plug-ins do you use?

    ~ I have a number of them in use for various things. ©Feed does a lot, but the copyright line I have at the bottom of every post and at the page is something I had to add in via editing a few .php files in my theme. “No More Frames” used to prevent my feed from being scraped by bots, but the bots just got smarter and it doesn’t work 100% foolproof anymore =/

  • Serafina Brightside

    Wow. *unsubscribed*

    ~ Really? No “fuck you” here, too? Yeah. YOU lift MY shit, and lots of other bloggers and businesses shit, and your response is that we’re the assholes for being pissed off??? Please, yes. Unsubscribe. I was heading there later myself to unsubscribe you forcibly, since it became clear that it was how you were getting the content the way it was.

  • http://hourofblue.blogspot.ca/ Bleuame

    Excellent post.