Entry tags:

Public domain... I don't think those words mean what you think they mean.
I came across this on twitter, thanks to John Scalzi.

Back in 2005, Monica Gaudio wrote an Ice Dragon (? I don't know what this is.) entry called A Tale of Two Tarts that appeared on the Godecookery website. It is copyrighted and on a web-domain that Monica herself owns.

Last week, a friend contacted her, asking her how she had gotten published! Monica's answer "I... didn't?"

Turns out, she had. The magazine Cooks Source (Facebook here, they are also a paper publication.) had lifted her article from the Godecookery site and put it in their magazine.

She contacts the magazine via phone and then through the "Contact Us" link on the website, and exchanges emails with them. Finally, they ask her "what she wants." She replies that she wants an apology on Facebook, a printed apology in the magazine, and $130 donated to the Columbia School of Journalism.

What she got in response was this (quoted from her post):

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!

Monica is rightfully mad.

nihilistic_kid on LJ has a post about it here as well. And Scalzi posted on his blog as well.

And John Scalzi linked to his recipe for Schadenfreude Pie on the Cooks Resource Facebook wall here, with a plea that they "don't steal it." Bwah!

EDIT: The Smart Bitches have picked it up.

Also, people are looking. And unshockingly, this isn't the first time this has happened. This Pancetta and Green Onion Tart? Is copyright to Giada deLaurentiis, and appears on the Food Network website under her name.

EDIT of "Oh Fuck, The Internet is Here" - The cookssource.com website is down. Dear Author and Gawker have both picked it up.

EDIT the Heidipology: This is the last one from me, anything else will have to go into the comments, cause I'm going out and having me a drink from a non-plagiarized source. Judith Griggs has "apologised" via the wall of the Facebook account. Facebook is linked up above. Marvel, will you? (Screencap here in case she takes it down.)

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	thebratqueen 2010-11-09 07:16 pm UTC (link)
	Brand-new thing being called an apology. I think my fav part is: 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. Yeah, after you got caught. (Reply to this)(Thread)

	tetradecimal 2010-11-09 07:26 pm UTC (link)
	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 Oh god, it's too good to be true. (Reply to this)(Parent)

	kelmendi 2010-11-09 08:36 pm UTC (link)
	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. Have I somehow missed the raging interweb mob baying for Monica Gaudio's blood, and cruelly tearing apart her article? (Reply to this)(Parent)(Thread)

	ardath_rekha 2010-11-10 03:03 am UTC (link)
	That baffled me, too. I don't think they realize just how much everybody involved in this sides with Monica and wishes her well. Aside from a few inevitable trolls who tried to be shits to her on her LJ (and got curb-stomped pretty thoroughly for it) everybody's on her side. As well they should be. (Reply to this)(Parent)

	notjo 2010-11-09 09:50 pm UTC (link)
	I think the credit part is at least accurate, although the rest is... well, you know. (Reply to this)(Parent)(Thread)

	thebratqueen 2010-11-09 09:58 pm UTC (link)
	Her name was on it, true. I just like how they worded it to make it sound like that and the payment had been the case the whole time. (Reply to this)(Parent)

ardath_rekha
2010-11-10 03:08 am UTC (link)

Looks like someone's finally given them some halfway-useful legal advice. A great deal of that screed is still bullshit but it actually does a somewhat decent CYA job. It's hard to tell, though, what will happen once the legal departments of the people they ripped off get done with them.

Interesting that they're trying to claim now that the stolen articles are the result of unsolicited submissions from shady writers. Sorry, Judith, but I'm not buying that after you point-blank told Monica that she was lucky you hadn't just ripped off the article and changed her name. I wonder if we'll actually find out what the courts think of that claim.

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es_
2010-11-10 08:04 am UTC (link)

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.

How is this relevant to ANYTHING? Jesus Christ, the more I read of this statement, the more I see they still don't understand the issue - oh waaah waah we can't help people anymore, we HELP local businesses and you put us out of business waaaah, we were HACKED! THIS IS THE REAL PROBLEM HERE! We liked the article very much!

That was a very strange conclusion. It didn't even feel like a conclusion.

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	evil_kimba 2010-11-12 09:00 pm UTC (link)
	I love how she's trying to pass the blame onto the writers throughout that entire 'apology'. Good job on not taking responsibility for anything. (Reply to this)(Parent)

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