Protecting Your Web Site Intellectual Property

Keep your images and words under your control
By W. Eric Martin, Keyboard pounder & synonym selecter TwoWriters.net The Internet is a fantastic tool for allowing the world to learn about your company and its products and services — but the Internet's ease of use also allows others to take pictures and descriptions from your site and use them in ways you never intended. A digital image depicting a new product might end up decorating an eBay auction, for example, or text describing your product's benefits might end up on a competitor's site touting a similar product. By taking precautions with your site's intellectual property, you can:

1. Confidently provide information about your products and services.
2. Create a company brand.
3. Prevent others from misrepresenting your company.
4. Keep competitors honest.

Tell visitors what's off limits

The Internet has inspired a loosey-goosey approach to sharing in which some people feel they can take anything they see and reuse it however they wish.
Try:  Include a "terms of service" (TOS) page on your Web site that spells out how a visitor may use the information included there. Posting a TOS on your site won't necessarily stop anyone from lifting your information, but the reminder might encourage a few folks to play fair, such as linking to your site rather than taking the words and images for their own use. (Using a TOS doesn't mean that you'll automatically win a lawsuit against someone who misuses your Web site, but having one lets you argue that site users were informed about their rights.)

Search for your copy

If you use distinctive phrases to describe your company or your products, make sure that no one else appropriates these phrases for their own business use.
Try:  You can search for phrases on Google, but flipping through the search results will take far too long. Turn to Copyscape instead. You type in a URL, and Copyscape will list up to ten sites that contain substantial amounts of text from that page. Copyscape's premium service allows you to search through any number of pages that use your text, and Copysentry monitors the Internet automatically, e-mailing you when new pages that use your work appear.

Know where your name appears

In addition to special phrases unique to your business, you might want to track how others are using the business name itself.
Try:  Google Alerts lets you enter a search term and email address, then automatically notifies you when that term appears on news sites, group forums or Web sites.

Mark your images

Images from your Web site can easily be saved onto a person's computer and used in ways that you don't appreciate.
Try:  Digital watermarks are electronic copyright notices that you can add to video, audio, and text files; they can be invisible or visible. Adding a visible watermark to an image makes it far less likely that someone else will use it for their own purposes. Companies that provide digital watermarking services include Digimarc Corporation, Kowa and Signum Technologies.

Traffic in trademarks

For stronger legal protection of a particular word, phrase, image or symbol (or combination of these items) associated with your business, apply for a trademark.
Try:  The U.S. Patent and Trademark Office lets you file a trademark application online with TEAS, the Trademark Electronic Application System.

Register your writing

In the U.S., all original writing on your Web site (as with all writing) is automatically copyrighted, but not everyone knows that.
Try:  Placing the copyright symbol, along with the year and your company name, on your Web site might discourage others from lifting your work, but the best way to protect your writing — and allow you to sue someone for misuse — is to register your work with the U.S. Copyright Office at the Library of Congress.

• Instead of using digital images, you can use Flash to create pictures that are more difficult to copy. Keep in mind, though, that Flash will make your site inaccessible to some people.
• If you're selling digital-based products and are worried about illegal copying, make it easy for customers to try your product so they're encouraged to buy rather than copy.
• Patent, trademark and copyright law differs in other countries, so consult a lawyer before trying to sue a non-American copier.