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Copyright Infringement and Me - Copyright Infringement and Me - Illadore's House o Crack Page 35 — LiveJournal

About Copyright Infringement and Me

Previous Entry Copyright Infringement and Me Nov. 3rd, 2010 @ 11:14 pm Next Entry
The tl;dr version of this post: My 2005 Ice Dragon entry, called "A Tale of Two Tarts" was apparently printed without my knowledge or permission in a magazine and I am apparently the victim of copyright infringement.

The story:
I was contacted early last week by a friend of mine who lives in the Northeast about my "As American as Apple Pie - Isn't!" article that was published in Cooks Source magazine, mostly to inquire how I had gotten published. This was news to me, as I hadn't ever heard of this magazine before.

However, some basic Google-fu lead me to find them online and on Facebook. In fact, after looking at the Cooks Source Facebook page, I found the article with my name on it on on "Page 10" of the Cooks Source Pumpkin fest issue. (No worries, I have screencaps.) The magazine is published on paper (the website says they have between 17,000 and 28,000 readers) as well as being published on Facebook as well.

So. I first phone the magazine then send a quick note to the "Contact Us" information page, asking them what happened and how they got my article. (I thought it could have been some sort of mix-up or that someone posted it to some sort of free article database.) Apparently, it was just copied straight off the Godecookery webpage. As you can see from the page, it is copyrighted and it is also on a Domain name that I own.

After the first couple of emails, the editor of Cooks Source asked me what I wanted -- I responded that I wanted an apology on Facebook, a printed apology in the magazine and $130 donation (which turns out to be about $0.10 per word of the original article) to be given to the Columbia School of Journalism.

What I got instead was this (I am just quoting a piece of it here:)

"Yes Monica, I have been doing this for 3 decades, having been an editor at The Voice, Housitonic Home and Connecticut Woman Magazine. I do know about copyright laws. It was "my bad" indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things.
But honestly Monica, the web is considered "public domain" and you should be happy we just didn't "lift" your whole article and put someone else's name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offence and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally. Now it will work well for your portfolio. For that reason, I have a bit of a difficult time with your requests for monetary gain, albeit for such a fine (and very wealthy!) institution. We put some time into rewrites, you should compensate me! I never charge young writers for advice or rewriting poorly written pieces, and have many who write for me... ALWAYS for free!"


I got nothing.
Scratch that. I sure as heck do. Let's go over the major points:

  • At this point, I am mad as hell. It is now the principle of the thing -- and I also can not quite believe that my copyright was violated -- and then I was informed that I should *pay them* for editing it for me!

  • The web is NOT public domain! Don't believe me? Try the University of Maryland University College -- or just Google it.

  • I should be thankful because I wasn't flat out plagiarized? Don't college students get, oh, I dunno, tossed out for being caught for plagiarism? How is this a valid argument?

    I have some ideas of where to go from here but I am more than willing to listen to other suggestions.



    EDIT: Nick does a better job of telling the story than I do: http://nihilistic-kid.livejournal.com/1553538.html -- Thanks, Nick!
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    [User Picture Icon]
    From:randomstasis
    Date:November 7th, 2010 02:22 am (UTC)
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    What an awful person, and how richly she deserves the result of her nastiness to you!
    On the bright side-
    I spend a lot of time tryng to convince my students that even if it's on the internet, it's still plagiarism, and until now, I've had trouble getting them to believe it, so...
    Thanks for making a fuss!
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    From:illadore
    Date:November 7th, 2010 03:12 am (UTC)
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    Ha!! Hopefully this is a lesson learned for someone.
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    From:(Anonymous)
    Date:November 7th, 2010 05:44 am (UTC)
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    "I should be thankful because I wasn't flat out plagiarized? Don't college students get, oh, I dunno, tossed out for being caught for plagiarism? How is this a valid argument?"

    Since you apparently have standards perhaps you should ask VP Joe Biden for further clarification...
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    From:(Anonymous)
    Date:November 7th, 2010 09:14 am (UTC)
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    Astonishing blatant copyright infringement - well done for making this story go viral - Can't see Cook's (Crooks more like) Source surviving this and frankly, good riddance to them.
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    From:ext_312700
    Date:November 7th, 2010 02:02 pm (UTC)

    Plagiarism in Our Time

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    Pompous, arrogant, self-righteous - as well as a plagiarist. An extraordinary woman. What other qualities does Judith Griggs have that we can consider?
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    From:(Anonymous)
    Date:November 7th, 2010 06:54 pm (UTC)

    Re: Plagiarism in Our Time

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    So glad you asked! She's also pompous, ill-educated, and doesn't seem to get along with anyone:

    http://www.highbeam.com/doc/1G1-172508875.html

    http://www.allbusiness.com/environment-natural-resources/land-use-development/12639130-1.html

    (As far as the people who found these links are able to determine, this IS the same Judith Griggs. Sunderland, Mass. has a population of less than 4,000 people, so it seems too improbable that it wouldn't be.)
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    From:(Anonymous)
    Date:November 7th, 2010 09:41 pm (UTC)

    A little confused

    (Link)
    I am not trying to be rude, just a little confused. How was there copyright infringement? I thought she put your name on the article? Isn't that siting the source? Also I was wondering how you copyrighted it, I was curious over specification of use, but I couldn't find it.
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    From:(Anonymous)
    Date:November 7th, 2010 11:16 pm (UTC)

    Re: A little confused

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    It's copyright infringement because Griggs used Monica's article without permission. Plagiarism is when you use someone else's work without attributing it to them.

    And copyright happens automatically, the moment you create a work.
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    From:cloudwalker_3
    Date:November 8th, 2010 03:59 am (UTC)
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    I'm really glad that you kicked up a fuss about this. The woman is clearly someone who has her head in the clouds. Theft is wrong plain and simple.
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    From:ext_311390
    Date:November 8th, 2010 10:12 am (UTC)

    you are too kind

    (Link)
    ¿Head in the clouds? This woman appears to be no more than a common thief. Head in the clouds describes well meaninged absent mindedness, not deliberate malice. It is sad that all too often the talentless live a parasitic life sucking the sap from the talented, or socking it to the talented sap? whatever
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    From:ext_313663
    Date:November 8th, 2010 09:38 am (UTC)

    But Honestly, Monica (The Song)

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    Hmmmm, that title kind of sounds like I'm riffing on Space Balls.

    At any rate, I just recently started reading about this whole debacle, and on a boring lunch break from work decided to try to whip up a quick song based on the email and initial fb post.

    I had fun trying to write it, hope you at the very least find it amusing! :)

    http://www.youtube.com/watch?v=EH0c23T9zCo
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    From:cdozo
    Date:November 9th, 2010 10:30 pm (UTC)

    Re: But Honestly, Monica (The Song)

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    Well done!
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    From:(Anonymous)
    Date:November 8th, 2010 02:48 pm (UTC)

    Appauled but not surprised

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    I wont' leave where I'm from where I work, or even log in to any account. I will say I work in education.

    Sadly (oh so sadly) this isn't surprising. While training a number of our Law School people in adding/editing content they were utterly astounded when I told them they just couldn't grab images from Google and use them. Later we found that someone from that school had also lifted an article.

    The Law School..........

    Sigh

    I don't know how to make it clear to people that if you find it online it IS NOT there for the taking. What will it take to stop this?
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    From:(Anonymous)
    Date:November 8th, 2010 03:55 pm (UTC)

    Want to own your own magazine?

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    Sounds to me like you could be the proud owner of Cooks Source magazine if you want it . . . find a good lawyer and take them for a ride. This story is appalling to say the least and there no better time than the present to educate someone about the consequences of stealing someone's intellectual property. Good luck! I and all other writers and editors with class, dignity and honor have your back.
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    From:(Anonymous)
    Date:November 8th, 2010 04:40 pm (UTC)

    Credit

    (Link)
    While I completely agree with everyone here that the editor is out of line (& that $130 is more than reasonable to ask of her - it's not even like you're asking for them to pay YOU, which they should anyway!) & that she "stole" your work, is it technically plagiarism if she gives you credit for the article? Either way, the magazine shouldn't be able to profit off your work (since, unlike those people that she "freely" edits, you never submitted your work for their consideration)!
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    From:susannag
    Date:November 8th, 2010 05:32 pm (UTC)

    Re: Credit

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    I don't think the issue's plagiarism, but copyright infringement.
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    From:susannag
    Date:November 8th, 2010 05:40 pm (UTC)
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    Just noticed the story made Psychology Today. http://www.psychologytoday.com/blog/you-20/201011/are-cooks-source-magazine-and-judith-griggs-innocent

    They want us to have sympathy for poor Ms. Griggs, and demand, in bold text,
    "NOTE TO MONICA GAUDIO: We want the whole email and nothing but the email, so help you Chuck Norris."
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    From:susannag
    Date:November 8th, 2010 05:42 pm (UTC)
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    And they evidently didn't read your article that was ripped off, because they note copyright doesn't protect "basic recipes."
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    From:(Anonymous)
    Date:November 8th, 2010 07:56 pm (UTC)

    Emails to/from editor

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    To add balance to the story, would it be too much to ask that you post verbatim the e-mails you sent?

    Thanks,

    J Stewart
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    From:illadore
    Date:November 8th, 2010 08:39 pm (UTC)

    Re: Emails to/from editor

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    Oh! That *I* can do. I shall do it later tonight, when I have time.
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    From:amai_kaminari
    Date:November 8th, 2010 08:59 pm (UTC)
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    Wow. I'm sorry that happened to you.

    It does looks like they are getting some media pressure now:

    http://www.boston.com/ae/media/articles/2010/11/08/famous_last_words/

    Hope things get resolved in your favor. :)
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    From:(Anonymous)
    Date:November 9th, 2010 01:53 pm (UTC)

    Lulz cure cancer

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    You are legend now. I graciously thank you for producing many lulz with your disclosure of this situation and allowing the "interwebs" to attack a very much deserving ( apparently) target with their unrelenting good times :)
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    [User Picture Icon]
    From:Комитет Государственной Безопасности
    Date:November 10th, 2010 07:40 am (UTC)

    Re: Lulz cure cancer

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    Agree with that, comrade.
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    From:(Anonymous)
    Date:November 9th, 2010 02:08 pm (UTC)

    Court precedent

    (Link)
    This could be the first case that involves a proactively copyrighted web page. I'd try to get a lawyer for that reason alone.
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