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Google AdWords: Copyrighting Scam

by | Dec 7, 2010 | Cyber Security Administrator | 0 comments

The appeal of the Google AdWords program is:

No matter what your budget, you can display your ads on Google and our advertising network. Pay only if people click your ads.

Yet, there are people, all over the world, trying to make things sound so much more difficult than it really is.

Sure, all web sites are subject to Copyright Laws! You simply cannot use someone else’s published work as your own. This applies to code, design, graphics, layout and content. Web sites are no different than printed material in this regard.

Let me show you an example of just how confusing this can be. Web sites are built using code called HTML.

HTML is the language for describing the structure of Web pages. – W3.org

This code is made up of tags, such as:

 <HTML> 
 <HEAD> 
 <TITLE> 
 </TITLE> 
 </HEAD> 
 <BODY> 
 </BODY> 
 </HTML> 

Of course, there are many other tags. These are just a few used in my example.

It would not be considered a Copyright violation for you to use these tags in your web site. Thus, the reason, everyone can have a web site these days.

It would be a violation of Copyright for you to claim the tags as your own (I.E. Your created/developed the HTML, HEAD & BODY tags or HTML Code).

It is also a violation of Copyright for you to go to someone else’s web site, and copy the HTML code used on their web site, and put it on your own web site (There is way more to it than this, but I’m trying to show how confusing Copyright can be as it applies to web sites.).

If you were on someone else’s web site and you copied their design elements, such as CSS Code or images, you would be in Copyright Violation (Again, there is way more to it than this, but I’m trying to show how confusing Copyright can be as it applies to web sites.).

Obviously, Copyrights can get very confusing.

So, when you read about “How using Copyrighting Techniques can boost your Google AdWords Campaign,” naturally, you’re curious, right?

Google understands…

Google obviously realizes there is some confusion as to how Copyrights are applied to web sites and specifically, AdWords campaign. They have done a pretty decent job of making Copyright information available to their users.

Under AdWords Policies – Copyright Policies, Google states the following information:

What is a Copyright?
A copyright is the legal right granted to an author, composer, playwright, or publisher to exclusive publication, production, sale, or distribution of a literary, musical, or artistic work.

Google’s Copyright Policy
Google’s policy on copyrights pertains to contents on all Google products. Google’s policy stems from the Digital Millennium Copyright Act (DMCA), the text of which can be found at the U.S. Copyright Office website, www.copyright.gov. Once a notice of alleged infringement is received, Google will investigate and take appropriate action per our policy.

In the event that an ad was disapproved per alleged copyright infringement, we will send a notification to the advertiser of the ad in question. The advertiser can then submit a counter notification pursuant to the DMCA.

Learn more about Google’s copyright policy.

Copyright Claims Procedure
You can file a notice of infringement with us by following the guidelines available at http://www.google.com/adwords_dmca.html.

An advertiser who is the administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication that sets forth the required information. See the counter notification process for AdWords

Google doesn’t just leave people hanging, trying to figure out how Copyright applies to an AdWords Campaign. Google wants to make it as simple as possible, so they expand further on how they interpret and apply the Digital Millennium Copyright Act. They include information on how to file an Infringement Notification for AdWords and how to file Counter Notification.

What makes “Google AdWords: Copyrighting” a Scam?

The scam part is in the details. You cannot Copyright just any term or phrase you would want to use in Google AdWords, at least not in a way it would hold up in court.

For instance, the term iPhone & iPad is already Copyrighted by Apple. You cannot re-Copyright any form of the words iPhone or iPad. Neither can you Copyright a phrase or slogan containing the words iPhone or iPad.

So, lets say you are an officially authorized iPhone/iPad dealer. You may want to use the terms iPhone or iPad in your Google AdWords campaign, so people can find your business, instead of your competition. As an officially authorized iPhone/iPad dealer, Apple may provide you you the right to use specific terms in your advertising (Usage would be explicitly defined in your contract with Apple), but you cannot re-Copyright it. So while you could use “Authorized iPhone Dealer” or “Authorized iPad Dealer” you could not Copyright that phrase, because it contains terms already Copyrighted by Apple.

To add further complication…

If you tried to Copyright the phrase “Authorized Dealer” you would most likely get shot down, as the terms are too general. If, by accident, you were granted a Copyright on the phrase “Authorized Dealer” it would get thrown out in a court battle for the same reason. This would be like trying to Copyright the word “a” or “the” as your own.

In addition, if you sell or service the Apple iPhone or iPad, but are not authorized by Apple to do so, you are in Copyright violation just by using the words “iPhone” or “iPad” in any marketing material, promoting your sales/service business.

As a side note: Many companies, especially Apple, spend millions of dollars paying legal fees and salaries in an effort to keep unauthorized use of their Copyrights as low as possible. Anyone stupid enough to try, is stupid enough to get caught, which can lead to more than just a slap on the hand, as Copyrights are enforced by Federal Law. I will even go as far as saying, I will probably catch some grief from Apple and/or Google, just for writing this article. This web site may even be put on a watch list as a potential violator.

Expanding on the Google AdWords Copyright Scam…

“How using Copyrighting techniques can boost your Google AdWords campaign” is usually some type of program you have to purchase. Yet, there is a lot of Copyright information available, to anyone, for FREE.

How the “Google AdWords: Copyrighting Scam” works…

Basically, all “How using Copyrighting techniques can boost your Google AdWords campaign” programs are going to tell you to do the same things.

  1. Register Copyrights on words/phrases as your own.
  2. Use the Copyrighted words/phrases in your Google AdWords campaign.
  3. Search for other web sites using those words/phrases.
  4. Report these other web sites to Google, as using Copyrighted words/phrases owned by you.

It’s a bullying tactic. Any business, with a web site, who does not know anything about Copyright Law and/or Google’s Copyright Policies will just quit using the words/phrases you claim as your Copyrighted information, thus eliminating the use from advertisers who would be your competition.

The less people buying AdWords clicks of the words/phrases in question, the cheaper they are for you to buy and the more your ads will be seen.

As a side note: If you use this tactic, make sure you can accept the consequences.

  1. Google can ban you as an AdWords advertiser.
  2. Google could potentially sue you for lost revenues, as a result of your fictitious Copyright Claims.
  3. The AdWords advertisers you reported could take you to court over the Copyrights you claim to have.
  4. There could even be legal issues around unfair business practices and unprofessional conduct.

Let me remind you again, that Copyrights are Federally Issued and Protected. This means it is highly likely any legal issues will be fought in a Federal Court. Think of the time it will take to fight a legal case in Federal Court. Think of the money it will cost you, to fight a legal case in Federal Court.

Are you prepared to take on these consequences and costs?

My advice…

Stay away from companies selling any type of “How using Copyrighting techniques can boost your Google AdWords campaign” program.

Copyrights, no matter how simple or complex, need the attention of someone with legal expertise. Research Copyright Law on Official Government web sites and Consult a qualified attorney. If you can handle more of the legal responsibility and/or consequences, you could use a self-help legal service such as Legal Zoom. At least, the services they offer are originated by people who work in the fields. Just remember, self-help legal service companies do not share any of the legal responsibility if there comes a time your Copyright is called into question.

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