Inspired by WryLit's offer to help HubPages Community:
I will answer your questions about copyright issues. If I don't know, I will research to find an answer for you. I write on quite a few copyright topics.
I'm not an attorney. I'm a writer like you. I just have a keen interest in copyright, trademark and plagarism issues. My answers are not to be construed as the final word. An attorney will offer more expert advice. But hey, this is free and I answer back faster than attorney.
Post questions here. TY
I have a question for you. Suppose I submitted an article in any website and one other person copied my article and published it on other article site before it is crawled. Now his article is crawled before our article. So in this situation what is the solutions? Please give me answer.
The honest answer is
I don't know.
If you are the person who wrote the article, file a DMCA complaint against any other copies that may appear online. You're sending in a legal statement that you're the owner of the content, regardless of whose site gets crawled first.
(I'm also not a lawyer. I took a six week class in copyright law for idiots several years ago, which taught me how variable intellectual property issues can be.)
RachaelOhalloran replies: I did research Jakelin's question before offering my reply and was not able to find a suitable answer.
However, the posted question pertained to simultaneous publishing (or publishing before the article was crawled) and how it would be determined 'who' published first to prove the identity of the true author.
That is why I wrote that I don't know the answer as to how it would be determined before it was crawled or indexed.
If it is here on HP, they know who published first, so it is not an issue on this site.
Unfortunately, with online articles, DMCA is the only retaliation we have in going after a suspected infringer. And it is the stock answer on most of HP's forums.
But, DMCA is not an offer of proof of ownership. It is a sworn statement that you say you are the true owner, but it is not proof.
If the work is copied to other sites, most sites agree that your DMCA filed in timely fashion does establish that you are "claiming" ownership.
But what if the other party filed DMCA in a timely fashion as well?
Determining true ownership in this instance would be difficult. In the extreme, draft work and/or notes and perhaps investigation into the actual time of each site's cache copy might be considered toward offers of proof. This is extreme, as I said, and probably would only get to this level in a lawsuit setting.
This is an interesting question but since I'm only a writer who researches copyright law and not a copyright lawyer, my previous answer of "I don't know" was given so it wouldn't look like I was giving legal advice.
The theories presented in this comment are just that - theories. Your question would be better addressed (and will probably receive better answers) on a site where copyright lawyers answer these types of questions. I learn a lot from those sites in the researching for my hubs.
EDIT: I tried but I am unable to delete this forum even though I was the original poster. The reason why I wished to delete is because subsequent comments in this forum show that my reply here is misconstrued as legal advice, when it is clearly written in my statement that it is not.
I hereby notify that I will no longer be answering questions in this forum, since it is obvious my replies are being misconstrued.
The question was "what is the solution?", so I gave a possible solution, in two sentences: assert your claim by filing a simple legal document against all other copies of your work.
If telling someone to file a DMCA is legal advice, the HubPages forum must be filled with lawyers.
Like lisavollrath said, it does not matter when the article was crawled. What matters is the date of publication/submission to the site.
by Catherine Giordano 2 weeks ago
Some times I get really dumb questions. For instance, some asked "Are dragons real?" are a hub that was all about the reasons for dragon myths and which made clear that dragons are not real. Should I give a brief response: "No, dragons are not real." Or should I just...
by IDONO 3 years ago
Why do people that don't believe in God, respond to questions about God?Don't get me wrong. I respect and appreciate every response, even if they disagree. That is everyone's right. But I usually don't waste time and energy in things that I don't believe in. Sure, I don't believe in Santa and still...
by Kylyssa Shay 2 years ago
I've hunted hither and yon and I've yet to find the page describing how HubPro editing changes our rights to our articles.Typical magazine article editing involves the editor fixing typos, rewriting a few sentences for clarity, cutting content, working with layout, and instructing the author to...
by Rosie Rose 7 years ago
What is the question you dread the most?I hate it when someone asks me "How old do you think I am?" I am not good in guessing people's ages. What if I say 50 and the person is only 40.. OMG! that would hurt the person's feelings and I certainly don't want to do that.. so I try...
by Paul Marshall 8 years ago
Why in a wonderful place like this must we have so many questions about religion?? Why do they not jI have been dealing with the public for many years now, and there are several subjects that are avoided at all costs due to the strong emotions that people have about them. Number one is Religion,...
by Natalie Frank 13 days ago
I was just wondering what people's take on article length is. Do you make a point of including as much info as possible in your article going for longer length or if you can cover it decently in a shorter length do you prefer to stick with that? I'm seeing some articles that are well...
Copyright © 2018 HubPages Inc. and respective owners. Other product and company names shown may be trademarks of their respective owners. HubPages® is a registered Service Mark of HubPages, Inc. HubPages and Hubbers (authors) may earn revenue on this page based on affiliate relationships and advertisements with partners including Amazon, Google, and others.
|HubPages Device ID||This is used to identify particular browsers or devices when the access the service, and is used for security reasons.|
|Login||This is necessary to sign in to the HubPages Service.|
|HubPages Traffic Pixel||This is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.|
|Remarketing Pixels||We may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.|
|Conversion Tracking Pixels||We may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.|