Please note: The information presented below is for informational purposes only. It does not constitute legal advice.
A nanny agency expends valuable resources in the creation and maintenance of a nanny agency’s web site, printed materials and proprietary forms. All too often a nanny agency’s original work – whether it be blog posts, web content or forms – is completely copied by another. Copying material is so easy on the Internet. The following is a quick primer to show you how to protect the content on your nanny agency’s web site and other printed materials.
The nanny agency’s primary protection lies in copyright safeguards. You can claim copyright protection from the moment the content is created. According to Copywrite.gov, a copyright is “a form of intellectual property law, protects original works of … Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”
Material written by your agency staff within the scope of their regular employment is called a “work made for hire”. As such, the nanny agency owns rights to the work – not the person who created it.
Many nanny agencies hire freelance writers to create web content and blogs. When you contract for this work correctly, the author (freelancer) of the copyrighted work is not the owner – your nanny agency is. It is important in these relationships that your nanny agency secure its rights. If you don’t have an agreement specifically stating that your agency owns copyright rights to the work product, the writer probably owns it!
As a general rule, your copyright protection will last for the life of your nanny agency, plus an additional 70 years. It is a best practice to place a copyright notice such as “© NANNY AGENCY NAME Publication Year. All Rights Reserved.” so it is clear to the viewer that you are claiming copyright protections.
Often times a nanny agency will want to reproduce works owned by another on their website. Many think that attribution alone is sufficient – and it is not. Individual copyright owners will establish their own policy for acceptable use of their materials. The International Nanny Association allows members to electronically reproduce content of our Weekly Brief (blog) without specifically asking for permission so long as the member provides attribution (originally published by the International Nanny Association) with a link back to the original work and the INA copyright statement.
What steps do you take if your nanny agency’s copyright protected material is plagiarized?
You will first want to be certain that you actually own the material and were the first to produce it. The Internet Wayback Machine, a digital archive of webpages over time, is an excellent resource to prove your first use.
- The first step should be a politely worded letter (email is fine, use deliver and read receipts) to the infringing party requesting that the copyrighted material be removed from their website. Point out the URL where your original content is located. You can almost always find site contact information online. This usually will do the trick.
- The domain name directory WHOIS.com may be used to locate the owner’s name and phone number. When the original letter does not resolve the problem, contact the website owner directly to request immediate removal of the content.
- The next escalation is to contact the website’s hosting company to inform them of their client’s copyright infringement. You will find hosting company information in the Whois directory. Make sure you include the URL where your original content is located. Most hosting companies will take the entire site down immediately until the owner removes the copyright protected material.
- Your nanny agency may consider a formal “Cease and Desist” letter if the actions above do not resolve the situation. You can find examples online, or you may wish to have your agency’s attorney draft the formal letter. It is best to send these via registered mail.
Additional Resources:
Small Business Administration
Hubspot
A special thank you to INA-member HomeWork Solutions for providing this guidance. HomeWork Solutions offers both household payroll and household payroll tax compliance services to US families on a nationwide basis and has partnered with INA nanny agencies since 1993.
Do you have specialized knowledge, experience or resources that you want to share with your fellow INA members? We encourage you to submit original, informational articles to the INA to be considered for publication. Authors of selected articles will receive attribution in the post. Email your submissions to the INA Office.