Whew, what a fascinating controversy. I'm not going to bandy the difference between plagiarism and other kinds of copyright infringement. The bottom line is, if you copy and use other people's copyrighted material without permission, you may find yourself slammed with a lawsuit. Attribution doesn't matter if the protected material has been copied and used without permission, and
the re-publication of the copyrighted material does not fall into the fair use exception.
I looked up the apple pie article on the Cooks Source online mag, and while the intro page of the article seems to be missing, the jump for the article, on page 24, is still up there. Complete with the apple pie recipe that appears to have been lifted word for word from Gaudio's website. It's possible that every online view of that webpage can be considered a re-publication of the copyrighted material without permission. Even at a penalty at one cent per view, given the publicity surrounding this controversy and the number of people checking out the mag, the total penalty might be...well, a pretty penny.
Of course you still have to get money from Cooks Source mag (or Griggs--if she can be held responsible as an individual), and neither may have much money to sue for. The lack of adequate legal remedies for online copyright infringement is another big issue.
When searching for material on the net I always check first to see if the website is copyright. If it is I ask permission to use any material.
Under U.S. copyright law, a copyright notice is not necessary in order for the work to be copyrighted. If I write an original poem on a cocktail napkin, I have the copyright to that poem. I have reduced my literary inspiration to tangible form--written words on a cocktail napkin--and copyright automatically attaches.
I suggest that you assume the material is copyrighted, and request permission for reprint, unless the website specifically says that the author releases the material to the public domain, or otherwise grants permission for reprint.
As far as I am aware you can quote up to 70 words from any text without permission as long as it is credited.
I don't know of any rule like that under U.S. copyright law. The U.S. courts use a balancing test, with multiple factors, to decide if a re-publication of copyrighted material falls under the fair use exception. If you copy the critical 70 words in an article without permission, you could still be in trouble.
I was noodling around on the web just now, and this website has a good explanation of U.S. copyright law basics, if you're interested:http://www.lib.purdu...exceptions.html
Edited by djyee100, 05 November 2010 - 04:08 PM.