But honestly, Monica (or my awesome weekend of internet lulz and copyright law)

[Kivam]

So, how many of you have been following the Cooks Source copyright brouhaha on the internet the past few days? Anyone? Everyone? No?

 

Well, I'll let the person at the heart of the story tell it:

 

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!

 

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

 

<li>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.

 

Somehow, her post went viral - it hit the media, facebook, twitter and youtube (both a Hitler video and a song based on the editor's letter), she's gotten support from folks like Neil Gaiman, Wil Wheaton and John Scalzi, and "But honestly, Monica" has become a new catchphrase. It's a full on Internet attack of awesome.

 

Now I wandered into this thanks to a Facebook post from Raeyn (btw, Rae - THANK YOU), who said she was "watching the latest internet drama". Now, as some of you may know, I'm a big fan of internet drama, so I clicked her helpfully provided link. And lo and behold, it wasn't just internet drama, but copyright law, clear as day and right in my wheelhouse, internet drama. So, just about immediately, I reached out to Monica and suggested that my firm could represent her pro bono (after which, I went ahead and checked to make sure that we could ). For the last few days, I've been watching this thing closely, talking with Monica (who, btw, is a truly awesome person) and reading everything I could find on this situation while I worked on getting Monica's paperwork done so we could sign her up as a client and start doing some work on the matter. Of course, Cooks Source (do you have any idea how hard it is not to just donate the apostrophe to them?) had to go and back off and apologize yesterday, before I could do very much of anything. Still, it was pretty great being in the middle of this, and especially seeing Monica's latest update:

 

I have, in fact, seen the post on the Cooks Source page with the apology. I think that is about the best I am going to get. I am; however, completely unsure whether or not any donations were made either to the Columbia School of Journalism or the Food Bank -- but -- I have made some phone calls to look into it and I shall let you know, one way or another.

 

And now -- a shout-out to my fantastic attorney who has helped me out through all of this: Akiva Cohen at Foley & Lardner LLP. He has been utterly fantastic, super quick with answering my questions, and I highly recommend him. He also has a dog named Tahela (not tequila!) -- which means Praise in Hebrew. He totally deserves praise for his work for me. :)

 

The good news in all of this is that I think I know what my Ice Dragon Entry (which only us medieval food geeks probably know what Ice Dragon is) is going to be this year. Heh. Heh.

 

Yeah, that's me she's talking about (don't click on the link; if you do, don't comment on the picture ). My very first mention by someone who's Internet Famous. I'm so proud. The fact that she apparently heard "dog" when I said "daughter" when we were on the phone yesterday just makes it better.

 

Anyway, I'll leave you with the "But honestly, Monica" song, which has been stuck in my head for a day:

 

http://www.youtube.com/watch?v=EH0c23T9zCo

[LilyElizabeth]

That is so cool. Nice work, Kivam!

[Alaksuleiel]

:D Awesome! :D I read her blog, what a bunch of morons!

[Naeann]

Very awesome Kivs!! Can't believe the nerve of that company to treat her like that.

 

50 points for pure awesomeness. ;)

[Edielin]

That's fantastic! :D

[Krakalakachkn]

Well played Kiv, well played.

 

Also, I liked your picture. Very professional looking.

[Verbal32]

Simply awesome. Good work, Kiv!

 

Bonus that my wife's name is Monica - I'll be sure to throw the catchphrase out about 300 times this weekend. Woot.

[Naeann]

I feel for your poor wife.