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Copyright Infringement and Me - Copyright Infringement and Me - Illadore's House o Crack Page 38 — 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:Joanna Boone
    Date:January 13th, 2011 08:30 pm (UTC)

    you've been mentioned on Cracked!

    (Link)
    http://www.cracked.com/article_18954_the-6-most-disastrous-attempts-at-internet-damage-control_p2.html

    you're #3, and it's pretty bad-ass. :) in fact, they're what led me to you! good luck with that douchebag magazine.
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    [User Picture Icon]
    From:illadore
    Date:January 13th, 2011 08:52 pm (UTC)

    Re: you've been mentioned on Cracked!

    (Link)
    I saw!! Thank you so much!! :) And as far as I can tell, I am done with the magazine. (See the later entries. :)
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    From:angelfirenze
    Date:January 13th, 2011 10:39 pm (UTC)
    (Link)
    Cracked.com profiled this story and led me to this page.

    I...you deserve cookies. You also deserve the internet, making it your domain. Maybe then she'd effing remember about plagiarism and the hard work that goes into any writing, not just that which goes to save her ass.

    Wow.
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    [User Picture Icon]
    From:illadore
    Date:January 13th, 2011 10:46 pm (UTC)
    (Link)
    Heh. Thanks! I loved that the internet had my back in this. :)
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    [User Picture Icon]
    From:sillyceligoose
    Date:January 14th, 2011 08:53 am (UTC)

    cracked!

    (Link)
    I just read about your terrible story on Cracked.com here:

    http://www.cracked.com/article_18954_the-6-most-disastrous-attempts-at-internet-damage-control_p2.html

    Don't worry they treat your story well, NO PLAGIARIZATIONS! I cannot believe someone like that even made it that far in her field, but I am glad to hear that the magazine has since gone under thanks to your tale.
    (Replies frozen) (Thread)
    [User Picture Icon]
    From:illadore
    Date:January 14th, 2011 01:12 pm (UTC)

    Re: cracked!

    (Link)
    Thank you!!! :)
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    [User Picture Icon]
    From:Cody James Wirth
    Date:January 25th, 2011 06:34 pm (UTC)

    Sue the shit out of that dummy

    (Link)
    Bottom line. I would see her in court if I were you. Not to mention the emotional stress that she's put on you has probably taken some years out of you, I'd make sure she never has a job in journalism ever again, even after she apologizes to you again. She obviously doesn't appreciate people who she feels she can manipulate. Take her job away, she deserves it. And that's putting it nicely. Have a great day!
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    [User Picture Icon]
    From:illadore
    Date:January 25th, 2011 08:37 pm (UTC)

    Re: Sue the shit out of that dummy

    (Link)
    Thanks for the comments!! But, as you can probably see from the rest of the story (on my Livejournal or on wikipedia) -- the $130 was paid to Columbia School of Journalism and I got my apology. :)
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    [User Picture Icon]
    From:illadore
    Date:November 11th, 2012 03:22 am (UTC)
    (Link)
    Due to the overwhelming number of spammers that keep coming back and commenting to this journal entry, it is now locked.

    And yes, I still do read every comment I get, Spammers, so I will continue to delete your comments. :)
    (Replies frozen) (Thread)
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