Magazine editor steals writer's work, says it's okay because the article was on

Started by Callie Del Noire, November 06, 2010, 02:07:34 PM

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Callie Del Noire

Magazine editor steals writer's work, says it's okay because the article was on Internet. Apparently if you put an article on the internet.. anywhere and in any form it's 'public domain' according to this magazine's editor. (I would love to see her steal stuff from a Rupert Murdoc company)

http://www.geekosystem.com/cooks-source-public-domain/

Vekseid

If I recall correctly, recipes fall under clothing in terms of uncopyrightable content. Although the editor is obviously not doing themselves any favors.

Callie Del Noire

Quote from: Vekseid on November 06, 2010, 11:01:38 PM
If I recall correctly, recipes fall under clothing in terms of uncopyrightable content. Although the editor is obviously not doing themselves any favors.

Recipes might not be.. but an ARTICLE dealing with how they came about in a historical time frame would be an article NOT a recipe.

Vekseid

'doh, I saw recipes and it got stuck in my head.

Still, that might be why they thought they could get away with it.

Callie Del Noire

It's amazingly stupid and her email was unbelievably arrogant. You can get sued for a bit over a thing like that.. not to mention a charge of plagiarism can be the death of a journalistic career of any type.

mystictiger

The 'correct' response is to sue them for copyright infringement. The arrogant email could be seen as simply preserving their position. That is to say that, if there was any admission that the website was anything other than public domain, then they're screwed.
Want a system game? I got system games!

AtlasEros

Quote from: Callie Del Noire on November 06, 2010, 02:07:34 PM
Magazine editor steals writer's work, says it's okay because the article was on Internet. Apparently if you put an article on the internet.. anywhere and in any form it's 'public domain' according to this magazine's editor. (I would love to see her steal stuff from a Rupert Murdoc company)

http://www.geekosystem.com/cooks-source-public-domain/
Hmm, guess I'll have to be careful what I post here.  I don't want some mag stealing my work, j/k ;p

That is interesting though.
O/O

Serephino

This is a bit tricky because it says they made changes to it, or at least that's what I take the comment in the email about editing to mean.  I admit I don't know much about this, but there was trouble with this on Yahoo groups not that long ago that sparked a lot of discussion. 

If it's a recipe or something like that, all you have to do is change one little thing, and the copyright no longer applies.  Like say it's a cake recipe, and I change it to beat the batter for 3 minutes instead of 2, and use a 13x9 pan instead of a bunt pan, it's now my recipe and I can print it.  At least that is how it was explained to me.

There is also the Freedom of Information Act, but for that to fly the source must be cited, and it must be shared for free.     

Oniya

That would be the case if it was just a recipe.  Here is the original article.  Unfortunately, the Cooks Source website is seriously borked, so I couldn't see if the article was up there as well.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Callie Del Noire

It was an article concerning the way recipes developed.. it had recipes IN it.. but it was actual bona fide article.

Oniya

I'm wondering if the 'editing' involved was anything more than converting the middle English to modern.  Because that would just be funny, kind of like 'properly' capitalizing the works of e.e. cummings.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Inkidu

Well you also have to understand that not everything you write and post online is copyrighted just 'cuz. If that were the case anyone who wrote anything online could claim its right instantly. Though I'm sure this guy has protection.
If you're searching the lines for a point, well you've probably missed it; there was never anything there in the first place.

Callie Del Noire

Quote from: Inkidu on November 09, 2010, 05:52:48 PM
Well you also have to understand that not everything you write and post online is copyrighted just 'cuz. If that were the case anyone who wrote anything online could claim its right instantly. Though I'm sure this guy has protection.

The writer WAS copyrighted. And I'm sure the article that they lifted from the Food Networks site were.

Oniya

"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Callie Del Noire

Quote from: Oniya on November 09, 2010, 06:45:05 PM
The Food Network recipes certainly were.

And I sure that there will be more incidents of plagiarism cropping up as folks start getting interest in this woman's antics.

mystictiger

From the Cook Source website:

QuoteWe have cancelled our Facebook page on Thursday, November 4th, 2010 at 6:00PM. It has since been since been hacked by unknown parties and now someone else unknown to us has control of it. Their inclusion of Cooks Source issues and photos is used without our knowledge or consent. Please know that none of the statements made by either Cooks Source or Judith Griggs were made by either our staff or her.

We do not, and never have had a Twitter page, so what is attributed as our presence or our statements have nothing to do with Cooks Source or Judith Griggs.

We also cancelled our website on the above date, as our advertisers were listed therein, and with the harassment that has taken place on Facebook, we felt was unsafe for them.

Cooks Source will not be on Facebook again at any time in the future: hacking is too prevalent and apparently too easily performed by disreputable people. The email and Facebook abuse of our advertisers is the prime example: it is hurtful to people who are innocent of this issue, and can ill-afford the abuse -- either emotionally or financially. Small business owners are being bombarded with hate mail, and distasteful messages because someone downloaded their contact information on these bogus sites. These small business owners work very hard to keep their businesses going in a bad economy. We respectfully request this harassment be stopped immediately. If you or anyone knows of this abuse, you should go to the bogus Cooks Source (or other bogus pages) Facebook page, look to the left side of the page and press “Report Abuse,” or else go to How to Report Claims of Intellectual Property Infringement, http://www.facebook.com/legal/copyright.php The Facebook Corporate phone number are 650-543-4800, 650-853-1300 and 650-543-4811which hopefully will assist interested parties who feels these snipers who are perpetuating hate have gotten out of hand and want to report it. Interestingly, this phone number and any other contact info is not listed on the Facebook site, and has taken four people a number of days to track down.

Last month an article, “American as Apple Pie -- Isn’t,” was placed in error in Cooks Source, without the approval of the writer, Monica Gaudio. We sincerely wish to apologize to her for this error, it was an oversight of a small, overworked staff. We have made a donation at her request, to her chosen institution, the Columbia School of Journalism. In addition, a donation to the Western New England Food Bank, is being made in her name. It should be noted that Monica was given a clear credit for using her article within the publication, and has been paid in the way that she has requested to be paid.

This issue has made certain changes here at Cooks Source. Starting with this month, we will now list all sources. Also we now request that all the articles and informational pieces will have been made with written consent of the writers, the book publishers and/or their agents or distributors, chefs and business owners. All submission authors and chefs and cooks will have emailed, and/or signed a release form for this material to Cooks Source and as such will have approved its final inclusion. Email submissions are considered consent, with a verbal/written follow-up. Recipes created in the Cooks Source Kitchen are owned by Cooks Source and as such approval is given for chefs and cooks in our area to use them. Artwork used is created by our staff, or is royalty-free or purchased “clip-art.”

However: Cooks Source can not vouch for all the writers we have used in the past, and in the future can only check to a certain extent. Therefore, we will no longer accept unrequested articles, nor will we work with writers or illustrators unless they can prove they are reputable people, provide their sources, and who, in our estimation, we feel our readers and advertisers can trust and rely on for accuracy and originality. All sources will be listed with the articles, along with the permission, where necessary.

To say this has hurt our business is an understatement. But worse, it is harming the very people we are here to assist. Cooks Source’s is a small, free, local food newspaper-type magazine (called 'magazine' because it doesn't generally include what is known as 'news,') whose mission statement is to assist small businesses and farms in our area and help readers learn about sustainable food issues. We promote small businesses and farms in our area, offer recipes because our readers request them, and because we are offered cookbooks and excerpts from distributors, publicists, agents and authors, non-profits, ag organizations, chefs and home cooks so as to help them promote their works. Cooks Source is so named because it reports on food sources: the farms, the bakers, the chefs and the foodie producers and purveyors-- to the home and professional cooks and chefs in our area.

The misuse of Facebook discussed above also applies to Ms. Gaudio: she did what she felt was the right thing, and doesn’t deserve this kind of treatment, either. Regardless of what has been said, we liked her article very much.

Or to put it another way...

Single outraged IP holder drives local community venture out of business ;)
Want a system game? I got system games!

Oniya

Quote from: Callie Del Noire on November 09, 2010, 07:03:27 PM
And I sure that there will be more incidents of plagiarism cropping up as folks start getting interest in this woman's antics.

Oh, it already has.  GoogleDocs link, found through Wikipedia.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Callie Del Noire

Quote from: Oniya on November 09, 2010, 08:32:17 PM
Oh, it already has.  GoogleDocs link, found through Wikipedia.

Whoa.. that's a LOT of articles, even if some of them are just recipes..

If I was the food network, I'd own her house by now. DAMN

Oniya

They're probably lining up behind Martha Stewart, Paula Deen (never piss off sweet Southern ladies - they're vicious, I tell you!), M&M/Mars, and Oprah
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Callie Del Noire

Quote from: Oniya on November 09, 2010, 10:21:39 PM
They're probably lining up behind Martha Stewart, Paula Deen (never piss off sweet Southern ladies - they're vicious, I tell you!), M&M/Mars, and Oprah

I would KILL to see her try the 'public domain' argument on those folks. If I was the publisher, she'd be skipping across the street in hopes that the lynch mob goes after her personally. Somehow I don't think Cooking Source would be a good mag to buy a long term subscription in.

And apparently the online crowds are in a feeding frenzy.
http://www.theglobeandmail.com/news/technology/personal-tech/ivor-tossell/copyright-scandal-cooks-up-online-frontier-justice/article1790781/

Oniya

Apparently, Food Network's legal department is investigating them with regard to two of the 'Healthy Eating' articles.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Callie Del Noire

Quote from: Oniya on November 10, 2010, 09:03:05 AM
Apparently, Food Network's legal department is investigating them with regard to two of the 'Healthy Eating' articles.

Apparently the magazine's site is nothing but a statement about how they are sorry for what she said.

Oniya

It's back up?  It was suffering from the Slashdot effect all yesterday.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17

Callie Del Noire

This is what is on the page (it's a crap shoot to get on it)

http://cookssource.com/

Quote
We have cancelled our Facebook page on Thursday, November 4th, 2010 at 6:00PM. It has since been since been hacked by unknown parties and now someone else unknown to us has control of it. Their inclusion of Cooks Source issues and photos is used without our knowledge or consent. Please know that none of the statements made by either Cooks Source or Judith Griggs were made by either our staff or her.

We do not, and never have had a Twitter page, so what is attributed as our presence or our statements have nothing to do with Cooks Source or Judith Griggs.

We also cancelled our website on the above date, as our advertisers were listed therein, and with the harassment that has taken place on Facebook, we felt was unsafe for them.

Cooks Source will not be on Facebook again at any time in the future: hacking is too prevalent and apparently too easily performed by disreputable people. The email and Facebook abuse of our advertisers is the prime example: it is hurtful to people who are innocent of this issue, and can ill-afford the abuse -- either emotionally or financially. Small business owners are being bombarded with hate mail, and distasteful messages because someone downloaded their contact information on these bogus sites. These small business owners work very hard to keep their businesses going in a bad economy. We respectfully request this harassment be stopped immediately. If you or anyone knows of this abuse, you should go to the bogus Cooks Source (or other bogus pages) Facebook page, look to the left side of the page and press “Report Abuse,” or else go to How to Report Claims of Intellectual Property Infringement, http://www.facebook.com/legal/copyright.php The Facebook Corporate phone number are 650-543-4800, 650-853-1300 and 650-543-4811which hopefully will assist interested parties who feels these snipers who are perpetuating hate have gotten out of hand and want to report it. Interestingly, this phone number and any other contact info is not listed on the Facebook site, and has taken four people a number of days to track down.

Last month an article, “American as Apple Pie -- Isn’t,” was placed in error in Cooks Source, without the approval of the writer, Monica Gaudio. We sincerely wish to apologize to her for this error, it was an oversight of a small, overworked staff. We have made a donation at her request, to her chosen institution, the Columbia School of Journalism. In addition, a donation to the Western New England Food Bank, is being made in her name. It should be noted that Monica was given a clear credit for using her article within the publication, and has been paid in the way that she has requested to be paid.

This issue has made certain changes here at Cooks Source. Starting with this month, we will now list all sources. Also we now request that all the articles and informational pieces will have been made with written consent of the writers, the book publishers and/or their agents or distributors, chefs and business owners. All submission authors and chefs and cooks will have emailed, and/or signed a release form for this material to Cooks Source and as such will have approved its final inclusion. Email submissions are considered consent, with a verbal/written follow-up. Recipes created in the Cooks Source Kitchen are owned by Cooks Source and as such approval is given for chefs and cooks in our area to use them. Artwork used is created by our staff, or is royalty-free or purchased “clip-art.”

However: Cooks Source can not vouch for all the writers we have used in the past, and in the future can only check to a certain extent. Therefore, we will no longer accept unrequested articles, nor will we work with writers or illustrators unless they can prove they are reputable people, provide their sources, and who, in our estimation, we feel our readers and advertisers can trust and rely on for accuracy and originality. All sources will be listed with the articles, along with the permission, where necessary.

To say this has hurt our business is an understatement. But worse, it is harming the very people we are here to assist. Cooks Source’s is a small, free, local food newspaper-type magazine (called 'magazine' because it doesn't generally include what is known as 'news,') whose mission statement is to assist small businesses and farms in our area and help readers learn about sustainable food issues. We promote small businesses and farms in our area, offer recipes because our readers request them, and because we are offered cookbooks and excerpts from distributors, publicists, agents and authors, non-profits, ag organizations, chefs and home cooks so as to help them promote their works. Cooks Source is so named because it reports on food sources: the farms, the bakers, the chefs and the foodie producers and purveyors-- to the home and professional cooks and chefs in our area.

The misuse of Facebook discussed above also applies to Ms. Gaudio: she did what she felt was the right thing, and doesn’t deserve this kind of treatment, either. Regardless of what has been said, we liked her article very much.


mystictiger

I'm curious, Callie, did you actually read my post with the exact same thing? ;)
Want a system game? I got system games!