Jennifer Astle

April 5, 2009

Hey, That’s My Intellectual Property

plagiarismo4doYesterday morning I was browsing the Internet to see if anyone felt the same way about Eat, Pray, Love and chick lit in general, when I stumbled across a blogspot post with the title Enough with this Eat, Pray, Love Crap.  Wow, I thought, someone feels exactly the same way I do.  Little did I know, as I clicked on the link to read the post just how exact their feelings were to mine.

Word for word, my post was copied and pasted to this other post.  For a moment I was speechless.  I kept searching for a link back to my blog, or even a reference to my name as the author of the original.  Nothing.  This anonymous blogger known as Bookworm had literally stolen my intellectual property.  Now I want it back.

It’s not that I am not flattered.  I mean, it must say something about my writing if someone is willing to copy it and pass it off as their own.  But it didn’t take long for the flattery to wear off and the, well let’s call it what it is, rage to set in.  Yes, rage.  I take my writing career very seriously, and this blog is my concerted effort to learn and document all that I can about the literary world, the struggles that writers face, and the feelings I have about everything in general.  It’s like my professional diary on display for the whole world to see.  It’s also here to give readers some insight into the type of writing I do, to develop my own unique literary voice, and hopefully build a following that will be excited when my first work goes to print.

I don’t make any money from this blog.  After switching to a more professional format, I decided not to use ads, because the entire site itself is an advertisement of my writing.  Plus, I hate them as much as everyone else, and the possibility of earning a few bucks from ads was not worth alienating readers. So why am I so pissed off by this little act of brazen plagiarism if it’s not really costing me anything?  Because those words are my intellectual property.

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.  Source: World Intellectual Property Organization.

Intellectual property isn’t just some term writers and artists came up with to pretentiously describe their writing.  It is a legally recognized category of property established in copyright law, and meant to protect those whose work is slightly less tangible than that of physical property.  Personally, I had thought about this issue when I first began this humble little blog, and clearly posted the following on the site to protect myself from word thieves;

Creative Commons: You may duplicate this work providing that  you contact the author prior to distributing work from this site as the majority of samples have been previously published elsewhere.  All credit must be given to the author. Creative Commons License: This work is licenced under a Creative Commons Licence.

Posting a creative commons license on my site was my way of saying “Hey, I’m cool with you reproducing my work, as long as you get consent first, and give me credit where credit is due”.  Creative Commons defines their services as follows;

Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright. We provide free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.

Please note that yes, I am quoting directly from their site, but I am also providing a functioning link back to their site so readers know where I got my information, can verify it, and learn more should they choose to.  Maybe it’s the academic still left lingering in me, but citing sources is fundamentally important.  Otherwise, it is flat out plagiarism.

Now, here’s where it gets interesting.  Blogging is a relatively new phenomenon, at least to the average person.  Note that the WIPO recognizes literary works such as novels, but is silent on the rules as the apply to the Wild West the Internet.  However, the basic premise remains the same.  If I had written the Eat, Pray, Crap article with the intent on including it in a nonfiction book, I would have legal grounds to stand on.  What are my legal grounds on the Internet?

The link love rule seems to be the unspoken standard among bloggers. Like I said, I would be fine with a portion, or even all of the post being copied if two things had been present; my name and a link to my blog where the post originated.  In the case of Bookworm/Word Thief, neither appeared, so I am left to believe, along with other readers, that this writing is their original work, when it is categorically not. I even went so far as to leave a comment on the site, informing the owner of that blog that I recognized the post as my own and requested a link back.  As of 10:23 AM in my time zone, none appeared.  I’m still fuming.

How does one effectively fight plagiarism on the web?  It’s not like there is a phone number for blogspot that one can call and report plagiarism.  There’s no risk of Bookworm flunking a course because of his/her actions.  There is actually no means of communicating with this person except in their comments section, an avenue I have already exhausted.  The only weapon I have left are my words, and each time I lay those out on a public forum like my blog, I run the risk of having them stolen and passed off as belonging to someone else.  Let me put it another way; if someone stole my car, and passed it off as their own, it would unequivocally be considered theft, but my writing is worth more to me than my car, so what am I left to do but stare at the stolen post in anger and dismay?

I’m going to do the only thing I know how; scream it from the rooftops (and by rooftops I mean my desk).  I can bring as much attention to this issue as possible, and encourage people to be diligent in protecting their words as though they were as precious as any piece of physical property they own.  I can also ask for your help in inundating Bookworm with comments on their site calling them out on their act of plagiarism and insisting that they rectify it by the means I listed above, or take the post down altogether.

So, will you help me?  You can leave comments on the doppelganger post here.  Thank you!

A Word Thief Busted!

A Word Thief Busted!

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April 3, 2009

Enough with this Eat, Pray, Love Crap

eatpraylove2Does anyone else cringe when they hear the term “chick lit”?  I always thought it was a term that was thrown around in book reviews to define material written by and for women, but behold, “chick lit” is an entire genre, like horror, that agents and publishers recognize. And, it just won’t go away.  Take Eat, Pray, Love by Elizabeth Gilbert for example. Despite the book being published in 2006, it seems to still be lurking in the media, and setting the standard by which all women writers are being compared.

Now, I can’t say I have read the book anymore than I can say I read Confessions of a Shopaholic, beyond of course what Amazon was kind enough to provide me as a preview, and the few minutes I spent leafing through the pages in a book store before moving on to The God Delusion.  Needless to say, a woman’s memoirs about finding herself that starts with the line “I wish Giovanni would kiss me” is unlikely to captivate me the same way that Orwell captured me with his construction of a futuristic society in which the bourgeoisie worship an organization called The Party.

This brings me to another point.  When reading an article about gendered choices in literature, I was shocked to learn that men are actually impressed by women who read Orwell and the like. You know, because wrapping our vaginas brains around a complex political movement marked by submission and rebellion, is like, totally out of our reach…unless someone is going to bring up chocolate.  Which Orwell does, so I guess that’s why I read it.  Not because it is an iconic piece of literature and remarkably timeless in its representation of political fundamentalism (oh, shit I forgot, I am supposed to be talking about shoes).

So this brings me back to chick lit and Elizabeth Gilbert’s quest to get over her failed marriage, and her sense of being lost in life.  Here is my official position; if your life and your travels were that interesting, they wouldn’t be marketed as the bible of chick lit, they would be marketed as a memoir of an interesting life.  Show of hands, how many men have read Eat, Pray, Love?

*insert sound of crickets chirping*

So why is it that the industry finds this type of writing so appealing?  Obviously there is a market for it, or else agents and editors would be tearing the Gilberts of the world down to their heels and hashing it all out on #queryfail.  I can see it now “OMG, another query about her divorce and how she got over it, shut up already! #queryfail”.  Or maybe that is just wishful thinking on my part.

Of course it is no secret that many a woman have written under a nom de plume, or pseudonym (ahem, J.K. Rowling) to draw attention away from the fact that they are women and gain respect in the literary world before anyone looks up their skirts and realizes that they have an inkwell instead of a pen hidden up there.  Unless, of course, they are writing about “women stuff” like pining over 20 something Italian guys as a means to finding oneself.  Then girly names like Elizabeth can be plastered all over the cover like a rogue noodle that broke free from the covers font.

Now, before anyone jumps on me and says women publish literature other than chick lit, just look at Stephanie Meyer and Twilight, I ask you to pause for a moment.  ‘Cause there’s nothing darker than vegetarian vampires that blow sparkles out of their asses.  Stephen King look out, you have some competition (*snorts*).

Words are words, and the last time I checked the area between my belly button and my knees had very little to do with my choices of reading material or writing topics (excluding feminist literature of course, which is much different than wanting Giovanni to kiss you).  Women frequently write from the perspectives of men, and vice versa, with astonishing insight.  This begs the question; do we really need an entire genre of “Oh my god, I found myself in Jimmy Choo?” or are we creating it by filing it under the vagina niche and calling it a day.  You know, so men won’t have to make the mistake of picking up a book written by a woman for a woman while perusing the aisles of their local book store…because there is an entire section segregated off where women can confide in each other about yoga, having babies, being married, getting divorced, and shopping; all of the important life lessons a girl must learn.

This is my call to women writers; stop publishing this Eat, Pray, Love crap, and find a voice based on your writing talents, not on the chance that you got an X instead of a Y in your chromosome make up.

Update: Apparently my writing is worth plagiarizing without credit.  Check it out here, and feel free to let them know how us bloggers love link backs.

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