Am I the copyright owner of my editor's choice hubs?

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   Thomas Swanposted 9 years ago

   I just got a weird email from Google after I reported a blogspot page for infringing the copyright on one of my editor's choice hubs. They said:
   
   "It is unclear to us whether or not you are the authorized copyright agent for the content in question. Only the copyright owner or an authorized representative can file a DMCA Infringement Notice on his/her behalf. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
   
   If you or your client is not the copyright owner for this content, we cannot process your notice. Please have the copyright owner file a DMCA notice with us. If you or your client is the copyright owner, please provide more detail explaining how this is the case."
   
   This makes little sense. I filled in everything accurately. As my name isn't in the URL (it's editor's choice), could that be causing problems? I've said I'm the copyright owner, and I assume this is right, even if the hub is no longer on my subdomain. So what's the problem? Perhaps I should tell them to contact Hubpages at some address?

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      Christy Kirwanposted 9 years agoin reply to this

      I'm not sure why you would be getting a message like this. We haven't had any reports of this from other Hubbers. You are certainly still the copyright owner of your Hubs regardless of whether or not they are designated Editor's Choice.

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         Thomas Swanposted 9 years agoin reply to this

         Thanks Christy. I usually put "Hubpages" in the "Company" section on their reporting form. It hasn't been a problem before, but maybe I shouldn't be doing that?
         
         I told them I'm the copyright owner, gave them screenshots of my list of copied hubs and the warning I get on the hub, and said they can contact hubpages if that's not enough. I hope they don't mess me about any more.

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            Christy Kirwanposted 9 years agoin reply to this

            Yes, it sounds like this is probably what's causing the issue since Google is asking for the company you're affiliated with in regard to the copyright (and in the case of Hubbers, there is no affiliated company-- you are the sole owner).

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            Marisa Wrightposted 9 years agoin reply to this

            When you say "I told them I'm the copyright owner", how did you do that?  By filling in the company name AND telling them to contact HubPages instead of you, you're saying you're an employee filling in the form (and making the statement) on behalf of HubPages, not as yourself. 
            
            You may have done it dozens of times before, but a lot depends on who looks at the claim.   If it's bleeding obvious that the Blogspot version is copied, or it's not contested, maybe they don't worry too much about exactly who owns the copyright.  Or maybe their work procedures have been tightened up recently. 
            
            Either way, now it's done you need to fix it by replying to clarify that YOU are the copyright owner and you filled in the form incorrectly.

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               Thomas Swanposted 9 years agoin reply to this

               I think you misunderstood because I wasn't clear. I categorically told them I'm the copyright owner when replying to their strange email, since that's what they asked for in the email. I gave them my publication date, screenshots of the copied hubs page + the notice on my hub, and said that if it's not enough they'd have to contact HP to confirm. I didn't say to contact HP instead of me, and I offered to provide them any extra information they ask for. I also don't need to fix anything because it's already sorted out; they emailed back just now to confirm they'll be taking the infringing page down.
               
               Thanks for your help and feedback, Marisa, and everyone else.

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                  Marisa Wrightposted 9 years agoin reply to this

                  Sorry, the way I read your posts, it didn't sound as though you had replied to them yet. Glad it's all sorted and I think the solution to avoid a repeat is not to put HubPages in the company field.

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         Barbara Kayposted 9 years agoin reply to this

         I received the same notice a few weeks ago. I don't think it was an Editors Choice, but may have been one at one time.

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         Marcy Goodfleischposted 9 years agoin reply to this

         I got the exact same message recently, while trying to address one of the TON of copyright infringement issues I reported.
         
         I responded by sending Google screenshots of the list of copied hubs in my account, a link to my profile, some harsh words about the jerk who stole it, and some 'questions' about why Google reports copied content but doesn't help when the owner tries to get it removed, from BlogSpot, no less. I also researched the non-English speaking blogger who'd published it and documented that they basically didn't speak English.
         
         They backed down, and they removed the copied content.

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            Thomas Swanposted 9 years agoin reply to this

            That's interesting Marcy. Perhaps they're getting stricter and looking for any reason to question the information people give because they want to defend their bloggers.
            
            I also wish they'd use their expertise to police blogger properly and save us all the trouble of reporting the thieves who use it. It'd probably cost them less in terms of manpower. They don't have enough reason to care though... their ads still run on everything.

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      colorfuloneposted 9 years agoin reply to this

      It sounds like the URL for the Editor's Choice is the problem, because you cannot be identified as the owner of the hub because of that. Let team@hubpages.com know about it, and ... I suppose let Google know. Hopefully, that will take care of the infringement.

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         relacheposted 9 years agoin reply to this

         The above is completely illogical.
         
         The problem is that Thomas said he was representing the company HubPages, and 1) he does not and 2) HubPages does NOT own the content he is trying to defend.
         
         He is the copyright owner and has to put his personal info and address on the complaint.

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            colorfuloneposted 9 years agoin reply to this

            Yes, I do understand that we are the copyright owners of our hubs and the HubPages is NOT.

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            Thomas Swanposted 9 years agoin reply to this

            Here's the form I used: https://support.google.com/legal/contac … ct=blogger
            
            They ask for "Company name", so I put Hubpages. I've done this dozens of times before on this form without issue. So I can't be certain it's the problem this time.
            
            I see there's no asterisk next to that field on the form though, so I can probably leave it blank next time.

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               colorfuloneposted 9 years agoin reply to this

               I never do fill in the Company Name on that form.

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               Barbara Kayposted 9 years agoin reply to this

               I wonder if hubs that are unfeatured and then featured again are causing the problem. Google may not get the right publication date after that happens.

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                  Thomas Swanposted 9 years agoin reply to this

                  I've never had to worry about that, but it's a good question.

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               relacheposted 9 years agoin reply to this

               You do NOT represent HubPages, nor does HUbPages have any copyright claim on your material, so to put HubPages as the company on a notice of infringement is incorrect.
               
               That's why Google isn't recognizing your claim.

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                  Thomas Swanposted 9 years agoin reply to this

                  I'm aware that I don't represent Hubpages. Yes, Christy has confirmed Hubpages doesn't have any part of the copyright. The request for "Company name" seemed like it could mean any number of things, including the publishing company. I'm not sure it matters. To repeat, I've put Hubpages in that box dozens of times before and never had a problem, so I can't be sure it's the problem this time. I'll leave it blank in future though.

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   relacheposted 9 years ago

   Having ones name in your URL has nothing to do with proving copyright for a notice of infringement. 
   
   But filling out the paperwork perfectly has everything to do with it.  I suggest you very carefully review what you sent Google because clearly they found something errant, and you want to not send them something identical to what has already been rejected.

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   psycheskinnerposted 9 years ago

   I would certainly recommend leaving it blank.  They mean the company, if any, holding the copyright.

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   Buildrepsposted 9 years ago

   There's no way you can prove the content is yours when you edited your Hub(s) after it has been published the first time, unless you have certified hardcopy. I would nevertheless give it a try.
   Is there any jurisprudence?

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      Thomas Swanposted 9 years agoin reply to this

      I think they can check, or they just take your word for it because you've submitted a DMCA, and therefore exposed yourself to legal repercussions. I've filed many successful claims before for which my `last edited' date was more recent than when it was stolen.

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