A Fair Use Refresher thanks to Cooks Source

Last week, the online theft of an apple recipe set off an internet firestorm.  Monica Gaudio discovered that Cooks Source magazine had lifted wholesale an article she had written about apple pie.  After a curt email back-and-forth, Cooks Source editor, Judith Griggs responded with this dousy:
I do know about copyright laws. It was “my bad” indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things. But honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. 
Unfortunately for Ms. Griggs, her interpretation of the law of the internet was largely incorrect, and the internet did not take too kindly to her statement.  By Friday, Wired was calling the debacle an internet meme and Cooks Source's Facebook page was taken over by snarky denizens of the internet.

While the internet and the world wide web have now been with us for over fifteen years, Cooks Source is yet another case of the rampant plagiarism and outright stealing occurring online.  Since we at the Journal of Law & Liberty see blogging as a potential public service, we would direct Ms. Griggs' attention to the Electronic Frontier Foundation's guide to fair use

The remarkable thing about the internet, however, is that despite Ms. Gaudio's attempts to resolve the situation amicably, Ms. Griggs' stubbornness may have done more to destroy Cooks Source future viability more than any potential legal action.