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.
The Cooks Source mission is to educate our readers in sustainable sources of foods and products, farms, restaurants and businesses; and to assist in readers' understanding in the joy of simple basic cooking, and healthy, delicious eating… with an occasional decadent delight.
Cooks Source assists food businesses, restaurants and farms in Western New England to market. And you can read about them here within these pages, or look for our publications at food specialty businesses throughout Western New England.
"Timely registration" -- that is, registration within three months of the work's publication date or before any copyright infringement actually begins -- makes it much easier to sue and recover money from an infringer. Specifically, timely registration creates a legal presumption that your copyright is valid, and allows you to recover up to $150,000 (and possibly lawyer's fees) without having to prove any actual monetary harm.
Before an infringment suit may be filed in court, registration is necessary for works of U.S. origin. [...] If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney's frees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
In 1984, when I was 13, I wrote an article on revising the AD&D combat tables, sent it in to Dragon magazine, and it was published the following year. Before it hit print, I was given a contract to read and sign. The contract specified that I was selling “first serial rights” only, and retained all rights for republishing, putting in anthologies, etc.
I signed the contract, and got a $100 check.
20 years later, Dragon released a CD-ROM compendium of all content. My article was included, without my permission.
This was not “initial” serial rights – this was a republishing.
I sent an email saying “you owe me additional payment”.
They wrote back saying “no”.
I filled out a small claims court form in MA, submitted it along with a $40 processing fee, and waited.
A few weeks later I was given a court date.
I showed up. The Hasbro magazine rep (Dragon was published by TSR, which had been acquired by Wizards of the Coast, which had been acquired by Hasbro) did not show.
I won the case by default.
The court mailed the judgement to Hasbro.
A month later Hasbro mailed me a check for $2,000, in accordance with the judgement.
It follows that interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: ... "an infringer of the copyright.' [17 U. S. C.] § 501(a)." Sony Corp., supra, at 433. ... The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.
"A photo on Food Network star and Southern-cooking champion Paula Deen's Facebook page showed what the poster said was one of Deen's recipes used on the site.
'Thank you, this has been forwarded to our legal department,' replied Deen or, perhaps more likely, a staffer running the account. Deen was one of several high-profile cooks whose articles appear to have been used on the magazine's site."
"It's looking more and more like the new page is a fake. We've reached out to Cooks Source for comment. Stay tuned."
"Hans Mueller: The apology is better than what I expected, but feelings lacking none the less... but I'd like to point out that we're still not hackers. Concerning the one site you said was hacked, well that was social engineering, and you were too gullible and got duped. It's like giving money to those peeps sending e-mails from Africa asking for $10,000 and you'll get $1,000,000 in return."
"...However: Cooks Source can not vouch for all the writers we have used in the past, and in the future can only check to a certain extent. Therefore, we will no longer accept unrequested articles, nor will we work with writers or illustrators unless they can prove they are reputable people, provide their sources, and who, in our estimation, we feel our readers and advertisers can trust and rely on for accuracy and originality. All sources will be listed with the articles, along with the permission, where necessary."
It was a dark and stormy night, four score and seven years ago, when I said to myself: In the beginning was the word, and the word was with God, and the word was God. Yet, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them. Darn it if we don’t hold these truths to be self-evident.
Bottom line: People try to put us down just because we get around. Working 9 to 5 — what a way to make a living. Shall I part my hair behind? Do I dare to eat a peach? I have heard the mermaids singing, each to each. Somehow I do not think they sing to me, but frankly, my dear, I don’t give a damn.
Don’t believe the hype. It’s a sequel. As an equal, can I get this through to you? My 98’s boomin’ with a trunk of funk. All the jealous punks can’t stop the dunk.
Who knows what evil lurks in the hearts of men. Go ahead; make my day. You know I’m bad. I’m bad — come on, you know it.
Regrets? I’ve had a few. But then again, too few to mention. I did what I had to do. Two roads diverged in a wood, and, hey, I took the one less traveled by. Sure, it made a difference. Freedom is not worth having if it does not include the freedom to make mistakes.
But I want to say one thing to the American people. I want you to listen to me. I’m going to say this again: I did not have plagiaristic relations with that woman. I think; therefore I am. I am not a potted plant!
Nor will I eat crow. I could not, would not, in a house. I would not, could not, with a mouse. I would not eat it with a fox. I would not eat it in a box. I would not eat it here or there. I would not eat it anywhere.
And why should I? It’s a beautiful day in the neighborhood, a beautiful day for a neighbor. My mama always said there’d be days like these — there’d be days like these, my mama said. (Then again, my mama always said life was like a box of chocolates.)
Let me assert my firm belief that the only thing we have to fear is fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. As I’ve been telling myself for years, speak softly and carry a big stick; you will go far. Roll over, Beethoven, and rock me, Amadeus.
The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother’s keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers.
The fault, dear readers, is not in the stars but in ourselves.
I’m not going to answer any more questions for the rest of this year. If it’s going to be an interview, I’m going to conduct it. So I’ll answer my own questions. Ask myself the questions, then give you all the answers. (This is no disrespect to the Vikings.)
How many roads must a man walk down before you call him a man? How many seas must a white dove sail before she sleeps in the sand? How many times must the cannonballs fly before they’re forever banned? The answer, my friend, is blowing in the wind.
What I’m trying to say is this: It was the best of times, it was the worst of times.
May the force be with you.
P.S. Oops, I did it again.
Its sad really. The problem is that I have been so overworked and stretched that when this woman -- Monica -- contacted me, I was on deadline and traveling at the rate of 200 mile a day for that week (over 900 in total for that week), which I actually told her, along with a few other "nice" things, which she hasnt written about.
I was stupid to even answer her that night, her email to me was antagonistic and just plain rude and I was exhausted. But I got suckered in and responded. She doesnt say that she was rude, she doesnt say that I agreed (and did) to pay her. It was my plan to contact her after deadline and have a good discussion about it. The complicating issue was that one of the businesses we worked with had closed without notice, just a sign on the door -- leaving several people, including a chef who had relocated to this area from Florida -- out of work. I do not offer this as an excuse, but that, when she wanted money for Columbia University, it seemed ironic because there were all these people in this small town going into the holidays with no jobs, and no, well, nothing.
I should add that this email exchange took place the day before she wrote her article for the world. After she (likely) received my email, she called the home office phone at 10PM, I didnt answer that late, was in bed as I was traveling again the next day (left at 7AM the next morning) to Connecticut, and didnt get back to her. This is not an uncommon practice with anyone, to not respond to a phone call for a day or two, it happens to me from other businesses, all the time. I came home that day from being in Connecticut to find hundreds of phone messages and emails telling me I sucked and was a dirtbag... and much MUCH worse.
I really wish she had given me a chance to respond to her before blasting me. She really never gave me a chance.
Since then, we have had so much hate email (over 400 pieces) , phone calls and regular mail. My advertisers too, have been so harassed that it has all muddies up the waters as to what the real situation is. I took the site downbecuase someone threatened to go to all the distribution spots and destroy the new issue, also to protect my advertisers.
Facebook has not responded at all; not taken these advertisers name off this bogus site -- or remove the site completely -- and takes no responsibility that someone unnamed can just create a page that can suggest that people -- and I am sure that in real walking-around reality you are all really nice people -- that people should email total innocent strangers and harass them to death. Honestly, some of you have been pretty mean. I have been busy for the last week, apologising to these business owners and helping them to get things right again. If my apology to Monica seemed shallow it was because I was angry about the harm she has inflicted on others on behalf of her own agenda.
So let me say this now: Monica I am so sorry for any harm I caused you. I never ment to hurt anyone, and I think I did a nice job for you, but the fact remains that I took this without asking you and that was so very wrong. Please find it in you heart to forgive me. I sent the check to the University and also, because so many people really need help, serious help, I am sending one to Food bank of Western Massachusetts (sorry, I got the name wrong the first time, even tho we did write an article on them).
This is how it happened:
When putting together a magazine, a publishing firm usually has a staff of many, a stable of writers and proofreaders. Cooks Source doesnt, it is just us two...and believe me we would if we could use more help. Consequently I do much, have a few stalwart writers who love to write (for free) and a number of publishers and book agents who send me A LOT of books, recipes, press releases, etc -- I recieved one even today. In the past I have also assisted budding writers with their writing skills and given them a portfolio piece they can get jobs with, from magazines and newspapers that will pay them. In short, we do a lot of good, sell a lot of books for authors, and help a lot of people.
But one night when working yet another 12 hour day late into the night, I was short one article... Instead of picking up one of the multitude of books sent to me and typing it, I got lazy and went to the www and "found" something. Bleary-eyed I didnt notice it was copy written and reordered some of it. I did keep the author's name on it rather than outright "stealing" it, and it was my intention to contact the author, but I simply forgot, between proofreading, deliveries, exhaustion.
Cooks Source for those of you who are not familiar with it, works with small food-oriented businesses and farms to get the word out on their works/products. We are about getting readers to get up and go to some of these places, because they are so great and so much fun. We write every month on over 20 + businesses and feature a town a month and all their good food and interesting shops. We cover 16 towns and villages in Western New England, every month.
The bad news is that this is probably the final straw for Cooks Source. 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. Winters are bleak in Western New England, and as such they are bleak for Cooks Source as well. This will end us. In the end if we did keep going, I would (very gladly) hire someone else to serve as editor and just continue my work with the towns. You should know that I did have an interview last week and the reporter grilled me seriously. I was able to show him all the promo books and articles we receive, all the photos we take and the "clip art" that is free for everyone. I also showed him those emails...
Thank you to all our readers, thanks to all our advertisers and writers... and to everyone who has been supportive and who has been a part of Cooks Source. To one writer in particular, Monica Gaudio, I wish you had given me a chance.
for Food Lovers in Western New England
Despite the advertising, Griggs said the publication is not lucrative and she cannot afford to pay writers. In many cases, businesses submit material in exchange for free ads. In addition to writing some articles herself, Griggs said she produces, edits and distributes the publication in tandem with her adult daughter, and they travel about 2,000 miles around New England each month.
"It's a very hard job," she said. "I can't find anybody to work for me, and that's a problem."
Although Griggs has not spoken with Gaudio, she has apologized to her in a statement, made a $130 donation to Columbia University as she requested and a separate donation to the Food Bank of Western Massachusetts in her name.
"I donated everything I could, which was $50," Griggs said.
« Older Seydou Keïta, self taught Malian portrait photogra... | Werewolf Werewolf2 Werewolf3 W... Newer »
This thread has been archived and is closed to new comments
Buy a Shirt