If I'm Catholic and I Steal is it Okay...

If I'm Catholic, and I steal is it okay... since you know, there's that whole confession thing?

First, before I offend anybody who happens to be Catholic, let me say that I was raised Catholic, so I'm not here to pick on the Catholic faith. I am of the Catholic faith (or at least I was until I became a heathen by marrying my current husband outside the church, but anyway...).

You see, one day recently I ran across a cooking blog, the title of which included a declaration of the Catholic faith. Now, I have to tell you. I didn't go searching out this blog, but rather it was one of those instances where I clicked though to it coming from one link on Facebook to another. Scanning through their Facbooks posts, I noticed something odd though.  In the little teaser blurb that comes through with the post links on Facebook, some words there rang very familiar.

Karma is just downright amazing sometimes.

Imagine my surprise when I clicked over to the post and found not only a recipe of mine posted there verbatim, but nearly my entire post, also re-posted there, verbatim. My thoughts, my words, my "voice" if you will. On somebody else's blog. A blog where the writer was willing to proudly proclaim their Catholic faith in the very title of their blog. They essentially copied my entire post, using their own pictures, but either deleting an assortment of my words here and there, or adding in a few of their own, but otherwise using my words as their own.

It was heartbreaking to me for a couple of reasons.

First, even though it's unfortunately actually happened to me quite a few times since I started blogging a couple years back, it's mostly with recipes being posted verbatim. Oddly it's rarely (if ever) on a recipe I adapted from a magazine, or a cookbook, but usually it's my own original recipes that I have actually written myself that get taken. This time it was not only the recipe part of the post, but the post itself. My story. My words. My voice.  One thing I can tell you for certain, when you run across that, it's like a stab in your heart - whether it's the first time, or one of many times.

I realize that many food bloggers don't write original recipes - they mostly adapt recipes from other sources - not a thing wrong with that. But... when a blogger does write their own original recipes, a lot of work goes into it. It's practically a birthing process, and for some of us, it means that we actually made that recipe over a few times before we published it, so it's a birthing process where we "ate for two" so to speak! To have somebody just lift it, often word for word, and take credit for it, well, I can only liken it to walking into your home after a long day of work, only to find that a thief broke in and violated your space, trashing your house and stealing many of your possession and damaging treasured belongings. The space never quite feels the same after that.

Second, no matter how many times this happens, it troubles me that anybody would feel that it is okay to take another blogger's work and re-post it on their blog as it it were their own. It's stealing. It's theft. Period!  How can anybody feel right about that? I just do not get it.

Most importantly to put yourself out there as a "faith" based cooking blog and then blatantly steal somebody's else's words and work, paste it onto your faith based blog, and then think that's okay. I'm sure she thought I would never in a million years ever visit her blog and find it. But... where is the conscience there that would prevent you from doing that in the first place?  As a person of faith, where was the internal conflict between right and wrong that should be there?

But the one thing that bothers me the most about this theft, and the one before it, and the one before that one, are the readers.

That post of my stolen words had several comments from her readers.  It bothers me that her readers were misled.  Deceived even.  It is one thing to be manipulated by brands, by advertisers, by politicians, even by bloggers who create these personas around their "brands" that are not really their authentic selves, but created selves of what they think will draw us to click over to read them. And the good Lord knows... I am nowhere near perfect, but to put yourself out there publicly as a person of faith, and then steal, and then lie to the readers who believe and trust and befriend you by faithfully reading your blog and commenting. That is horribly troubling to me.

Yes, I contacted her by email. I couldn't help but tell her how I felt about what she'd done and yes, she did remove the post. But, coming from a person of faith, I have to say I did expect some humility. Maybe even an apology. She never even acknowledged my email. Just took the post down, and went on to the business of blogging. And to me, that is truly the saddest of it all.
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Dear Food Blog Thief - More Blog Thievery... Again

Photo Credit: The Free Dictionary

It's happened again. Someone ... a food blogger ... is going around taking other folk's recipes and photos and claiming them as their own. Hundreds of them.

You may recall I dealt with this earlier this year after finding a blogger who had taken 30 of my recipes, verbatim, and all of the photos with them and created her own blog with them, using them as if they were her own. And I wasn't the only blogger she stole from. I was just the one she stole the most from.

I'm sorry, but I just don't understand what possesses somebody to do this!

Does it start innocent? Do they think,

"Well, I'll just start off by taking a few non-photo recipes featured on All Recipes, or Recipe Source, or Taste of Home - you know... just to get a blog started. If they are there on those sites, they are bound to be good, right? So, I'll just switch up a couple ingredients - a little more of this, a little less of that, or this instead of that - and then, since somebody is bound to have made this at some point in the past, I'll Google that recipe name on Google Images until I find a real pretty picture to put with that recipe. Oh, that copyright notice on that blog doesn't really mean anything, and heavens no, I'm not actually gonna make this recipe! That's just too much work. Who has time for that? Look how easy this is?? And then I'll just change the name a little bit and make up some little general blurb about this dish and nobody will ever know whether it's true or not."

Hmmm.... yeah. What about those pretty teenage girls of yours? I hope upon all hopes that they don't know what you're doing, but do you not think one day they won't see your blog and think "hmmm... I don't remember my mom making that, or that, and certainly not that..."

Yep. It's doesn't take a rocket scientist to figure out that is exactly what this blogger has been doing, just a bit of Goggle investigation. There might an original dish or two on her blog, but I doubt it. I'd even venture to guess that 99% of the recipes, tips, and photos there are stolen content.

This person took one of my low carb dessert recipes - this tiramisu recipe that I made up using Dr. Atkins original Revolution Roll recipe - a recipe that consists basically of whipped egg whites and cream of tartar.

I made layers using that, some cheese and homemade whipped cream. I admit, it was mighty good. This blogger stole my picture and then paired it up with someone else's recipe that used angel food cake and called it "Diet Friendly Tiramisu." Sorry, Dear Food Blog Thief, but there is no cake in that photograph you stole and are still using, despite my request to remove it.

Oh and by the way, that is my Mama's china up underneath that slice. My DECEASED Mama I might add.

And she took my New Year's platter of cream cheese & pepper jelly too and acted as if it was her picture.

Yep. That's the bottle of wine I bought. And that is my Mama's platter. Yeah, my DECEASED Mama. And the decorations from my party box. Dear Food Blog Thief, you should be ashamed.

And then once you get yourself in that deep and actually have people following you, is the only way that you can keep up the farce is to keep stealing?

How can you sleep at night knowing you are participating in such a fraud? Well, Bernie Madoff did it I suppose over much more serious fraud... I suppose this would be minor in comparison. Still morally wrong though.

So.... what is proper food blog etiquette anyway?

Well, of course y'all know I have a few thoughts.

*Please don't try to be a food blogger without actually cooking anything! It shows. You may fool some people, but you won't fool very many food bloggers. And you'll make a lot of them mad by using their hard work.

*Don't use other people's recipes and photos. Just don't. It's a violation of copyright and it's just wrong.

*Don't think you'll get away with theft long. Maybe a few months at best, but food bloggers are a tight-knit group, and once you are discovered, the word will get around about your blog. And while some food bloggers won't fool with filing a complaint for copyright infringement, some certainly will.

*If you make a recipe that was inspired by another blogger, even if you change up the ingredients or directions a bit, give them credit! Afterall, they inspired you. And link back to their original recipe post.

*When you do actually make a recipe, use your own photos. If you don't have a camera and want to use the original person's photo, first send them an email and ask for permission. But don't do this if you haven't actually made the recipe yourself. And if they give permission, you should always make a note of the photo credit and link back to their original recipe.

*If you use a photo and/or a recipe from a corporate or company website, a public site, or charitable site, always give them credit and a link back to the original source.

*If your blog is brand new and you already have hundreds and hundreds of recipes up, we know how you got them.

*It's obvious when photos are not your own. Why? There is no consistency in them. After awhile, you get to the point of where you recognize a food blogger's photography style. And certainly some of their dishes - after all, most of us don't have an unlimited supply of dishes and accessories in a "prop" room of a studio set.

*Please don't think that just because you now have one digital image of a recipe that you can say you have the original. Food bloggers take a lot of pictures to get that one perfect shot. A lot. So we have many pictures with that same set up, background, placemat, linen napkin, silverware, plate. Sometimes dozens of them. So, while you may now be in possession of one of our original digital photos, guess what? We have many more to prove you have stolen our content. Like those two photos up there? Guess what? I have quite a few unpublished shots of those recipes in my collection of digital images to prove that both of those are my original photographs.

*When you post a recipe that you have not even really made and talked about how "yummy, moist, delicious" it was, what are you gonna do when somebody actually tries it and it flops because all you did was make some adjustments on paper, but not in the kitchen? Even if people still think it was your original recipe that you made, your reputation will suffer.

*And for heavens sake, if you're guilty of doing this, JUST STOP. And, just fess up. Apologize to your followers and remove the content that isn't your actual recipe and photo and start over. Get in the kitchen, cook, take pictures and do a legitimate food blog of recipes and images that are yours, not other peoples. If you've made friends with your followers, most of them will appreciate your honesty and they will forgive you.

Okay, so my fellow bloggers, let's unite! Stand up against this kind of theft and take the time to file a complaint if you have had material compromised. If you do nothing, they will keep on stealing. Go here for a sample letter and instructions on what to do.

And, please feel free to add your own two cents & advice here in the comments.

Blog Thievery or Somebody's Stealing My Content, So What Do I Do?

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All that is necessary for the triumph of evil
is that good men do nothing.

Edmund Burke

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Newsflash:  The larger percentage of people who steal the work of others is done so that they can use your work to drive traffic to their site and get clicks on their advertising. They don't have to do any writing, but they get to collect advertising dollars off of your work.  Be sure to check the site that has taken your content and images for advertising sources - such as Google ads with Adsense. There are other similar affiliate advertisers so check their ad sources and file a complaint with the sponsor.  If the violator is running Google ads, file a DMCA complaint right here also. If it is a blatant violation of multiple incidents across your work or the collective works of others Google will suspend their ability to earn income through their ads.

Update: Images - particularly those of food - are pretty easy to prove copyright violation on since the original photographer likely has substantial unpublished photographs of that same basic image taken from different angles.

But some people out here in the internet world apparently have little to no morals, and think that by virtue of the fact that you are putting recipes up on a blog, that it is perfectly acceptable for them to take your recipe, often verbatim, and then post it at their own blog and generally by simple omission, lead their readers to believe that recipe is their own original work. I even saw a "so called" blogger make that claim - that if someone puts their recipes "out there" and somebody else takes them, it's all fair game. Wrong. Bottom line is, that if you are doing that, it is THEFT.

It's no different from going into someone's house and stealing something from them. And unless you are a narcissistic psychopath with no conscience, you know it is wrong.

With very few exceptions - such as very old and widely used recipes that have long lost their original source - if you use somebody's recipe - without making substantial changes in the ingredients and/or the instructions - then credit them with a mention in your blog post, AND a link back to the page where their original recipe is located. Technically, you should not be reprinting their recipe at all unless you made substantial adaptations from their original, but most bloggers, recipe sites, and corporate sites don't mind you reprinting their recipe at your site (along with your own original photographs and not their photos of course) so long as you provide a link back to their original recipe - a direct link to the recipe you used. Oh. And by the way. Even if you make minor adaptations, and unless you did make substantial changes from the original recipe, then you should still credit the original blogger for the original recipe. Think about how you would feel if it were reversed.

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Here it is a year later and I am sad to say that I have had to deal with blog thievery several times since making this original post. In fact, in the last 2 weeks, I have had 2 instances.

The first was a blogger who had made a minor adaptation to one of my recipes but had essentially copied my recipe verbatim otherwise and posted it on her blog without crediting me. I felt that it was a simple case of being new to food blogging and not understanding linking etiquette when using someone else's recipe, so I wrote to her, she corrected the issue by linking back to my original recipe, and she wrote back to me and apologized.

Shortly after that, I had another blogger take an image from my blog and post it on her blog, and she took a recipe from my blog and used that on another post at her blog. I have to say that she did a great job with my recipe, posting a step by step tutorial and the end product looked fantastic. But, the problem is, she did not ask me in advance to use my image, and she did not credit my original recipe, even though it was taken verbatim.  I recognized the recipe as being one of my own original recipes right away, so I wrote and asked her to remove my photograph and to credit my original recipe on the other post. She took immediate action, removing my image and crediting my site for the recipe - though she did not credit the direct link to the recipe, only to my home page.  But what surprised me was this.

This blogger makes a living as a ghost writer. Meaning that she ghost writes articles for other people to purchase and use under their own name. And, she also sells some of her own photography on her blog. Yet, she felt it was okay to lift an image from my food blog and then steal my recipe, and while yes, she corrected it after I contacted her, she did not even bother to write me back to apologize.

I wonder how she would feel if that were reversed. Just sayin'...

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As far as images go, and in particular we are discussing food images with recipes here - just don't take them without prior written permission - or you may find your blog shut down for violation of your host terms of service policies - namely that relating to intellectual property. No matter who your host is, go read those policies. DMCA violations are always outlined in there and can result in shutting down your site.

And, by the way, even if you "borrow" images from sources like Google images or similar sites, for regular blog posts that aren't food and recipe posts, always include not only the name of the source but a link to the source in your post. It is the right thing to do.

But, back to recipes... Some people seem to think that recipes aren't protected under copyright. WRONG. Yes, they are.

If the originator of the recipe can show that you used their recipe in the form of primary ingredients, measurements, order, etc. and/or their methods or specific instructions - again without any substantial changes on your part - they can generally pretty easily prove a copyright violation. Trust me, I develop a lot of recipes and I can usually spot one of my original recipes right away.

Now, of course, if you develop your own recipe from multiple sources, say you take my recipe, and 3 or 4 other recipes, and you sort of meld them together and then rewrite your own list of ingredients and your own instructions, essentially creating - and making - a whole new recipe, it is then your original recipe to post as your own. Please make it though, don't just write a recipe without giving it a trial run! But if you essentially duplicate someone else's ingredients near exact or with only a minor adaptation, or you use their specific instructions, again, without substantial changes, then you should call your recipe "adapted from" and credit the original author and give an appropriate - and obvious - link to their recipe.

If you didn't develop an original recipe on your own, give credit where credit is due. It's the right thing to do.

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In a nutshell...

Mere listings of ingredients as in recipes, formulas, compounds, or prescriptions are not subject to copyright protection. However, when a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.

Protection under the copyright law (title 17 of the U.S. Code, section 102) extends only to “original works of authorship” that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.

http://www.copyright.gov

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Please note. While the information below applies to a Blogger violation and working with Google Legal Department (the owner of Blogger), these rules apply across the board to blogs, and even those with custom domains, and to ALL hosts - Wordpress, Typepad, AOL Journals, Windows Live, Xanga, Live Journal, Vox, Facebook, MySpace,Go Daddy, and other hosting services, across the board - any company that is hosting the website or blog of the violator.  Just find out who the host is, and locate their terms of service for the violations relating to intellectual property and follow their procedures for reporting violations.

Etsy Policy
Go Daddy Policy

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On a personal note, I'm a pretty easy going person by nature and I play well with others so I'm easy to get along with because I prefer peace in my life, but understand one thing.

I work very hard on my blogs - especially my food blog. Very hard. If you steal my recipes and/or my photography, I will go after you with everything that I have.  And, if it's blatant enough, I will expose you for the thief you are. I don't care who you are, where you live, or who your host is. I can be relentless and I will seek justice with a vengeance both for me, and for my fellow bloggers. Yes, I will report you to another blogger if I see you have taken their content. You are warned.

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Now back to the regular scheduled programming, or in blogging terms, the original post. 

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Well, I suppose it was bound to happen.

If you put your work out on the internet, somebody is gonna come along, snatch it up and try to make it their own.

They visit your blog, snatch up your posts and your pictures, and then post them on their own blog. They don't ask for your permission. They don't give credit to you for being the person who worked their tail off to develop the recipe, to cook it, to photograph it, never mind the time to type it up in Blogger, upload all the photos and do the editing. They don't write up stories about how they tried your recipe (because they haven't), and they don't provide links back to your blog.

Why?

Because they want to build a blog off of all your hard work. Without doing any of the work on their own.

Thankfully, they are few and far between and most bloggers respect one another's work too much to dream of doin' such a thing.

And frankly, it takes a bit of work to report an infringement on your copyright material. Work that many bloggers simply don't have time for, because, well, we bloggers are already spending a lot of time putting the material on our blogs in the first place, visiting and responding to comments, and making the rounds to visit the other blogs in our blogging communities.

But, if we don't report offenders when it happens, well, there isn't any cause and effect, so the offenders keep offending. And I'm all about justice.

This person who took my content took 30 posts from my blog. Yep. That's 30. Three-0.

And then they took every picture of every recipe. My pictures. My hard work. And they posted all of that to their blog as if it were their own.

I can't even begin to express how much work was behind those 30 posts, but y'all know that. It just made me sick.

And it was worse.

I wasn't the only blogger that this person was lifting recipes and photography from, because I immediately recognized the majority of the entire blog were posts that had been lifted from other people's blogs too! Food bloggers that I know or visit fairly regularly. It's funny how you start to recognize a certain style. Or even certain plates.

But ... none of us really knew what to do.

Well, I'm a paralegal by trade. I can't sit by and let this happen. I put on my research hat.

I tried the "friendly" approach by commenting on every one of my recipes and requesting that they remove my content and photography. The only response I got to that was that they came and visited my website to see who I was. After they posted 3 more recipes they lifted from somebody else that very morning. Gosh ... seems they had forgotten me already. You'd think after lifting 30 of my posts and photos they'd be pretty intimately familiar with who My New 30 was.

But, the Google Legal team is awesome and as of yesterday evening, that blogger is gone.

So, here's what you do if somebody is stealing your content.

If it's happening somewhere other than Blogger, the procedure is going to be about the same.

Sometimes it's easy to find the info if it's a general recipe site such as All Recipes. Just look for the "legal" link, usually located at the bottom of the page. If it's not a general site like that, don't give up. It'll just take a little more research to find out "whois" behind the website, or you may have to delve deeper to find out who that site is being hosted by. Either way, once you discover who hosts the website or blog, then you'll have to locate their policy on the United States Digital Millennium Copyright Act, and follow their instructions on how to report violations. A warning. It's gonna take some work. You will usually have to do this in writing. Actually in "writing" not over email, or by phone.

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Update!

For Blogger violations, the Digital Millennium Copyright Act - Blogger policy is outlined here.  The good news is that you can speed up this process by filing a complaint online now!!  I'll leave the info below in place, because you will still need to provide the information on this online form, but at least Google has made it easier.

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Basically here's what you need to do. This is current as of today, so be sure to check the link for any changes between now and when you happen to run across this post.

1. Find the direct links for all the offending posts and paste them into a document. Note whether it is content, photography, or both.

2. Find the direct links for your original content that they pilfered.

3. Include both of the statements that are typed in below.

4. Sign the letter and fax it if you can to (650) 618-2680, Attn: Blogger Legal Support, DMCA Complaints. I faxed my letter (all 4 PAGES of it) and this blog was gone the very next day. Be sure to keep a copy of the digital copy of your letter, especially if like me, you had someone hijack 30 of your full posts and even more photos. The legal team will likely email you back for those links.

Now, type up your letter like this SAMPLE LETTER.


DATE

YOUR NAME, ADDRESS
EMAIL ADDRESS and BLOG ADDRESS

Google, Inc.
Attn: Google Legal Support, Blogger DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043

RE: NOTICE OF INFRINGEMENT

TO WHOM IT MAY CONCERN:

Links to my original copyrighted work that has been infringed upon:

[here list all of your original content hyperlinks that were copied]


Material that is infringing the copyrighted work listed above:

[here enter all of the hyperlinks for the scoundrel who stole your stuff]


[paste in both of these paragraphs]

I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.


I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Sincerely,

[be sure to sign]

Fax a copy. Mail a copy. And bust the scoundrel.

If you find a blog that is stealing content, take legal action. Yeah, it took me some time. Including typing up this post to hopefully help somebody else on down the line.

But my content is gone from that blog, and if your blog was snagged, by default, so is yours. And will I do it again? You BETCHA!

Remember .... all that is necessary for the triumph of evil is that good men do nothing.

P.S. Drew from How to Cook Like Your Grandmother stopped by and left this link that might be helpful also.

Some good info here at http://www.famousbloggers.net also on how to find out if your work is being stolen.