Thursday, April 05, 2012

...one more thing: copyright

Follow the fascinating recipe copyright story in the comments of this post at Lambs' Ears and Honey. Then read Amanda's recent follow up post on recipe ownership and copyright infringement. Mandatory reading for all food bloggers (even the ones in stasis).





The rights of a copyright owner in a recipe are limited. The copyright owner cannot prevent people

from making the dish, or from writing their own descriptions of how to make it. However, the

copyright owner does have the right to control the use of the written recipe in particular ways,

including:

reproduction (for example by photocopying, copying by hand, scanning, copying a digital file, or

printing out a digital file);

communication (by emailing, uploading online, faxing or broadcasting it); and

translation into another language.


Copyright does NOT protect:

ideas (such as the idea of using blue cheese to make ice-cream);

information (such as the list of ingredients and quantities used in chocolate chilli mud cake); or

styles, methods or techniques (such as a method of preparing chicken and casserole).

Therefore, if you watched someone preparing a dish they had created and then wrote down in your

own words the ingredients and method, you would not have infringed copyright even if they had not

granted permission.

From The Australian Copyright Council Recipes: Legal Protection


Read Johanna's discussion on copyright at Green Gourmet Giraffe for more links and comments on the subject.

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Sunday, November 07, 2010

crookssource - downfall edition

What a wild few days it has been in the world of blogging. Copyright and the issue of "public domain" has been front page news. If you've been in a monastry this week you may have missed the Cooks Source debacle, where an editor lifted Monica Gaudio's old blog post and when caught out by the author responded, "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" and suggested, "We put some time into rewrites, you should compensate me!"

The email that's spawned a thousand tweets, facebook hijackings, blogposts and mainstream media responses has now entered the viral hall of fame with it's own Downfall take off.




Social media never sleeps. The spinoffs are endless including a facebook page dedicated to collating all the other articles editor Judith Griggs has reprinted without permission. Are there any local bloggers part of this burgeoning alumni?


UPDATE: Looking for the perfect Christmas gift for a blogger? There's now the "But honestly Monica..." range of aprons, mugs, t-shirts.... LOL.

15 November 2010: The Hampshire Daily Gazette published a sympathetic interview with Griggs. Sure she's genuinely sorry but that appears to be more about the effect of the fallout. She's still claims that some aspects of copyright is a "gray area". She blames one of her contributers for another potential copyright infringement and as to the alleged 160 cases of misappropriated articles,"Griggs said she believes that number is inflated and, without having seen the list, could not respond."

18 November 2010: At the request of numerous readers Monica has reluctantly published her emails to the editor of Cooks Source. The implication was she had written something inflammatory to Griggs. Take a look for yourself.

Personally, I was a tad disappointed to see not a single "my bad" on Monica's side of the correspondence.

Update 20/11/10 The Cooks Source site appears to have been sold, leased or hacked as it's now redirected to a web wrangling business.

The Boston Globe article (published three days ago) mentioned that Cooks Source had recently published the following statement.
"The bad news is that this is probably the final straw for Cooks Source," says the unsigned note posted on Cooks Source website. "We have never been a great money-maker even with all the good we do for businesses. Having a black mark wont help ... and now, our black mark will become our shroud. ... This will end us."
... "I really wish she (Monica Gaudio) had given me a chance to respond to her before blasting me. She really never gave me a chance."

As previous links show, Gaudio had indeed, quietly and respectfully via email, made reasonable requests and it was Griggs arrogant response that most likely set the ball in motion.

Weeks later, Griggs is still crying that she is the victim in all this. When will she learn the irony of "her bad"?

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Monday, November 01, 2010

what the?

Please read What the? Part 2 to see what happened next!

But first, let's go back to the beginning of the story.


Hey I've got a great idea. How about I publish a magazine with a heap of cool content that I don't have to pay for, nor will I bother to ask permission to reprint it. Pure genius!

This little beauty just flapped its way into my inbox. I must admit I only open 1/4 of PR-looking emails.


FYI

XXX* magazine is Melbourne’s newest food and drink title - with a significant difference. It is the first to showcase independent local blogs and articles with a definitive focus on the city’s food culture. Effectively a printed portal, it features snippets of interesting, online material, with full reference and credit always given to the authors. And for the first time, using new smartphone technology, 2D codes printed in XXX provide a direct link to the original online article. A very similar premise to how a blogger might make reference to an external article they want to share - placing a link in their own blog and directing readers on. A product of Melbourne’s world-class food and drink industry, and the insightful contributions of the city’s bloggers and online authors, its debut will mark a progressive shift in contemporary publishing.

Never before have online authors been given such prominence in the print medium. Building on the passion of food enthusiasts, XXX’s publishers are undertaking this new initiative, hoping to promote what they believe is an outstanding standard of local blogging, and further establishing it as valid and valuable - as much so as traditional food writing. Moreover, with hundreds of articles posted online all the time, it can be hard for some people to come across information, news or reviews that they might enjoy and find helpful – especially those unfamiliar with the online forum, or still getting used to it. XXX makes it easier to sort through the vast catalogue of food stories by presenting those the editors find interesting and relevant, in a physical, familiar format.

Launching this December with a ‘Holiday Edition’, 20,000 audited copies will be circulated throughout more than 1,500 cafes, bars, restaurants and stores in the CBD and inner city suburbs. ‘Regular’ fortnightly editions will follow from January 2011. As a result, XXX’s featured bloggers will probably notice a marked increase in traffic to their sites, expanding the potential for those already advertising to capitalise on their work, and creating opportunities for those that yet don’t (through options like Google AdSense, Nuffnang and Foodbuzz).

In the interests of integrity, XXX doesn’t commission writers or works. Content isn’t product driven or based on any commercial directives. Instead it’s made up of positive, in-depth pieces with attractive photography, written by passionate and knowledgeable local ‘authorities’. XXX’s editors then scour the web, working to select and compile pieces relevant to particular topics and editions, covering subjects like restaurant reviews and recipes. Additionally, topics such as cafés, markets, new books, films, products, farming, events, health issues, legislation, and anything else food and drink related will be included. Put simply, the magazine is a reflection of food and drink culture, via the words and opinions of those that participate in Melbourne’s online publishing. It’s an independent and free publication, funded only through advertising.

XXX’s editorial policy ensures any authors who choose not to be included, for whatever reason, are respected, and won’t be featured. However, the publishers aim to benefit all facets of the food industry, including the independent writers. The hope is Melbourne’s online food community members are excited to be a part of it, support the idea, and simply continue to do what they love doing – taste, sip, snap, talk and write about food culture.

Sincerely
(etc etc)

* Name deleted

Can someone set me straight. It's a new publisher who wants to swipe our blog content, without seeking permission? An opt out not opt in kinda thing? And we should be flattered because " As a result, XXX’s featured bloggers will probably notice a marked increase in traffic to their sites".

Copyright issues anyone?

Update: the publisher assures me that they seek only to link to a blog post not the content. So it seems the punter will be flashing their smart phone at the code in the freebie if they see a reference to something they like the sound of? Interesting.

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