…forgot that her e-mails are sent via the internet.

This makes her disclaimer at the bottom of her e-mail (if you read the original article linked by Moe) truly ironic:

“This electronic message may contain information privileged for the addressee only.
Please be advised that the Cooks Source email addressee is not intended to be transferred to any other addressor, and any copying, distribution or use of the contents of this message is prohibited.”

If the internet is public domain (it’s not–both US and international law recognize the internet as copyrighted publication), then this message is meaningless because e-mail is sent over the internet.

Oh, and it is meaningless unless you have pre-existing non-disclosure agreements. E-mail isn’t private unless both parties agree that it is, just like snail-mail and text messages. The lawyers who tell companies to put this in their e-mails are just building up billable hours.

it’ll make the court hearing much shorter if that route is taken…

Beats the heck out of that other ‘mmmm mmmm mmmm’ chant, eh ?

Whoa. Saffron in a pie crust. I gotta give that a go.

Off to ye ole baking parlour and my ‘can it core a apple’ tool kit.

I’ve everything in the house except the figs. We’ll see what happens.

Where do I send the royalty check for private-only use of the recipe ?

But they agree to it BEFOREHAND, sweetheart. Otherwise, you are on the hook for whatever the author asks.

If you would have sent an email beforehand asking to use it, you may have gotten it for free, as you assume the author would have been so excited to see her name in print. You definitely wouldn’t have embarrassed yourself so thoroughly.

It needed to be edited. Damn what a clown.

This sort of thing is precisely why RedState requires that people reprinting articles from elsewhere reproduce only their own pieces (or pieces that they are explicitly authorized by the original author to reproduce); that the pieces be reproduced in full; and that links to the original be provided.

I just want to ask for clarification on this. You are saying that when posting diary entries at RedState, I can’t reprint legitimate and relevant quotations from other places, without reprinting the entire article?

That doesn’t make any sense, which is why I am asking. From Wikipedia.org:

[blockquote]Fair use, a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.[/blockquote]

Federal law expressly defines the “four-factor balancing test” as follows:

[blockquote]Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[/blockquote]

The logical extension of what you stated above (that you can only reprint in whole) actually tends to cut against the Fair Use doctrine and would favor a finding of infringement. Using, and of course, attributing, quotations in smaller portions is preferred.

But, I would like some clarification since you’ve expressly stated a policy concerning diary entries here at RedState.com.

If anyone knows how to contact him, this right up his alley.

Key links are Moe’s third link, the one to the Washington Post

And this roundup from “How Publishing Really Works”

Copyright Infringement And A Medieval Apple Pie

Everybody is piling on. The original facebook page is now unrecognizable. There are at least a dozen fakes mocking the situation… True disproportionate response – it’s a beautiful thing.

The only part I really dislike about it, is that some people are harassing their advertisers, which I understand are small businesses, and who of course didn’t have anything to do with this mess.

Beyond that, it was a good laugh for a Saturday morning. A decent finish to an excellent week. Good find, Moe.

…would Cooks Source lost if they had simply given credit to Gode Cookery for the recipe? None, and in fact would have gained some by giving attention to an intriguing cooking website.

How much credibility did Cooks Source lose by stealing a recipe from Gode Cookery? Tons! They need to pay the very modest amount requested and apologize.

Oh…one other thought…they really blew a great interview opportunity! Medieval recipes?! Cool!

I happen to know Nihilistic-Kid (aka Nick Mamatas); I’ve known him online for over a decade and met him in person once at a friend’s wedding. He happens to be an active Communist and all-around leftist, and I never thought I’d see the day when his livejournal was linked to at RedState.

Very freaky.

Highly recommended reading. All that’s needed is to click “like” to add a comment.

http://www.www.facebook.com/pages/Cooks-Source-Magazine/196994196748