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US Judge Says Bloggers Are Journalists Again

Hooray, bloggers are real journalists again! Just not one in particular.

Back in December 2011, we learned that a U.S. district court judge had ruled that bloggers in Oregon are not part of the media, and therefore, are not protected by Oregon’s media shield laws.

This may or may not have happened after Judge Hernandez's clarification

But Judge Marco A. Hernandez has clarified that he did not mean for his ruling to apply to all bloggers, or at least all Oregon bloggers, only to Crystal Cox.

Cox had been writing critical blog posts about Obsidian Financial Group and co-founder Kevin Padrick, and was sued for defamation by the firm. Cox lost her case after trying to use Oregon’s media shield law as her defense. Hernandez had also awarded Padrick $2.5 million. [Read more…] about US Judge Says Bloggers Are Journalists Again

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How to Find If You’ve Been Plagiarized

I’ve had my humor columns plagiarized three times in the last 10 years, the last two happening within 25 days of each other. The most recent one happened Monday, and ended with the plagiarist resigning his position as a newspaper publisher 24 hours later.

In the first case, I found out about it myself by doing some basic Google research. The last two, I was emailed because someone else did the same thing, and then did more diligent research, and identified a number of other humor writers who had been stolen from.

If you’re worried about your stuff getting stolen, here are a few things you can do to protect yourself:

1) Google unique phrases and sentences.

The way most people check for plagiarism is to do a Google search for a unique phrase. The lede sentence here, “I’ve had my humor columns plagiarized three times in the last 10 years” is unique — no one has ever used it, in fact — so I would pop something like that in the Google search box.

But, and this is important, you have to put quotes around the entire sentence. This tells Google, “I want to find only instances of these words in this order. If they’re not in this order, don’t serve me the results.” That means sentences that say cooking columns instead of humor columns won’t show up.

Check at least three sentences per piece, just in case one of them was edited. And don’t search for sentences that contain the following:

  • Specific locations: One of my plagiarists changed my city names to his city names so they would be more specific to him.
  • Specific names: Any semi-smart plagiarist is going to know enough to change your spouse’s name to their spouse’s name. Same with kids, pets, and friends.
  • Dates: Unless it’s something historic, don’t search for dates. If you talk about being in college 15 years ago, that will get changed to suit the writer’s personal timeline.

Pick unusual sentences that seem almost innocuous. A string of words that is both unique and unnoticed at the same time. “I snapped my computer lid shut and took a drink” is a safe bet, “”But I’ve never been to Tallahasee!” Gladys shrieked.”

2) Search with Copyscape.com.

I was playing around with Copyscape for a couple of days, and quickly hit my free searches per month limit. They only charge $.05 per search on the Pro plan, so it may be a good purchase if you’re especially worried about being ripped off. It searches all content on a whole web page, rather than unique phrases, and it looks for any matching or near-matching phrases, not just ones you specify.

You can also drop in blocks of text to search for, which is useful if you work with freelance writers or teach high school and college classes.

The same company also has CopySentry.com, which will do regular searches on pages you’ve already written. It does a regularly scheduled search for any possible matches, and emails you the results.

3) Put a copyright statement with your name on every piece

Admittedly, this is like putting a sign on your window that says “please do not steal my TV,” but this may have the desired effect on one or two people. It also gives you a leg to stand on if you ever have to defend it legally. After all, the thief had to remove the copyright statement in order to publish it, so they can’t argue “It was like that when I found it.”

Two caveats about plagiarism

1) It’s not plagiarism if your name is still on it. If you find someone has lifted your stuff and left your name intact, that may be a copyright violation, but it’s not plagiarism. You’re still getting credit for your work.
2) You can’t steal an idea. Someone else may have — and probably has had — an idea on whatever it is you wrote about. If you’re talking about “five ways to rock your next presentation,” it’s been done. If you’re writing about “paintings you must see before you die,” it’s been done. In fact, any idea you had has already been done. Unless you invented something that has never been done before, you’re going to have a tough time proving that you had your idea first. If this is the case, speak to an Intellectual Property attorney.

Once you’ve found out your stuff has been lifted, your first instinct may be to go on the warpath and hammer the thief like the fist of an angry god. Hold that thought. Tomorrow, I’ll talk about what steps to take if you find you have had your stuff stolen. (Preview: It’s not to immediately confront the thief. There’s some work involved.)

Photo credit: jamesmorton (Flickr, Creative Commons)

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Yet Another Serial Plagiarist Busted by Google

March is International Serial Plagiarist Month, apparently. Because it’s the month that I discovered my humor columns being ripped off by, not one, but two newspaper editors in North America.

Yesterday morning, I received an email from humor columnist, George Waters, who said that we, plus 12 other humor writers, had been ripped off by Steve Jeffrey, publisher of The Anchor in Chestermere, Alberta, Canada, in 42 columns out of the last 52 weeks.

Not just a line here or there, or one of the funnier jokes. He did a complete copy-and-paste job, made some edits to give it a local flavor, and then published it under his name.

(You can read a very thorough writeup of the plagiarism situation by Andrew Beaujon of The Poynter Institute, a journalism school in Florida.)

If only plagiarists were this easy to catch.

Earlier this month, Jon Flatland of the Blooming Prairie (Minn.) Times was found to have been plagiarizing humor columns and blogs from several humor writers, possibly as far back as 15 – 18 years ago. He resigned in disgrace, and his publisher notified the Minnesota Newspaper Foundation and another writer notified the North Dakota Newspaper Association about his plagiarism. He’ll never work in newspapers again.

And 25 days later I get another email that I have been stolen from yet again, but I was only ripped off twice. Fellow humorist Sheila Moss had 24 columns lifted.

How do we know? Because Waters copied every single column published under Steve Jeffrey’s name from the last 52 weeks — the online archives for anything beyond that were not available — and Googled unique phrases from each and every piece, and found columns that were written beforehand by someone else. That’s how he found me and three Canadians, eight Americans, and one Australian. I’ve also used Google Cache to find copies of my columns in The Anchor’s Issuu.com PDF newspapers. (Note: Just because you delete something from your website doesn’t mean it’s gone; Google saves this in their cache for weeks and even months.)

But that didn’t stop Jeffrey from expressing bewilderment at the accusation that 80% of his columns were found to be nearly identical to columns by other people. According to Beaujon’s article:

Reached by telephone in Alberta, where he said he was about to travel to British Columbia for two weeks, Jeffrey seemed baffled by Waters’ allegations. His column, he told me, doesn’t even touch on comedy. “I don’t write humor, and I don’t blog,” he said. “I write a ‘Lighthouse’ column, but ‘Lighthouse’ is about local politics.”

Well, the Lighthouse columns I read from August 25, 2011 and October 13, 2011 looked an awful lot like mine, with a few details changed. One is from 2003 about the three hours I worked as a telemarketer in college, and the other was an open letter to a fictitious fellow traveler to Boston. In 18 years, I have never written about local Canadian politics.

God Save Me From Newspaper Editors

As blogging has grown in popularity, bloggers have been increasingly under attack by the media. Bobby King, president of the Indianapolis Newspaper Guild, once called us the animals in the blogosphere. And yet, it’s not the bloggers, but the highly trained professional newspaper people that have stolen from me.

Three times.

In all the years that I’ve been a humor writer, I’ve had my work stolen by three different newspaper editors. (I discovered my work being lifted back in the early 2000s by an assistant editor of a weekly paper in Ontario.)

That means Canada leads the U.S. in theft of my work, 2 to 1.

But I have never found a legitimate, serious blogger stealing anything of mine. (That’s not to say it hasn’t happened, but I’ve never found it.)

What’s most frustrating about this is that I’ve been writing my newspaper column for little to no pay for all these years, publishing it in 10 different newspapers around Indiana, and in The American Reporter online. I do this because I love writing, and I love making people laugh. Humor writing has never been about the money. I’ve tried self-syndicating, but found very few takers. “We don’t have the budget,” is the frequent answer. So I gave up trying to earn money from it, and just do it because I love it.

So it frosts me when editors — bearers of journalistic ethics and integrity — profit dishonestly from my work. They collect salaries, they collect advertising revenue, and they make their living by stealing something they weren’t willing to pay me for.

I still consider journalism to be a noble profession, and I still think editors play a vital role in informing the public. I won’t paint all editors with the same overgeneralizing brush that people like Bobby King have painted my profession. Hell, I got my “professional” writing start thanks to one newspaper editor in northern Indiana who took a chance on me 18 years ago, so I am forever grateful to editors as a whole.

But I’m also getting sick of media professionals decrying the state of the blogging industry, when it’s their brethren who keep stealing my stuff. If you want to talk about “the animals in the blogosphere,” let’s first have a conversation about “the thieves in the editors’ offices.”

Otherwise, get your own house in order before you attack mine.

And quit stealing my stuff.

Fallout from Steve Jeffrey’s Serial Plagiarism

Here’s what has happened since the theft was first discovered:

All archives from The Anchor’s website were removed immediately after the Poynter.org story, as have all of their PDF versions from Issuu.com.

I’ve been in touch with the Alberta Weekly Newspaper Association and I launched an official complaint with the Alberta Press Council. I don’t know what results those will bring, but hopefully we’ll see some sort of investigation and resolution.

UPDATE: According to an article in the Calgary Herald (“Calgary-area newspaper editor resigns following plagiarism allegations”, Steve Jeffrey resigned his position as publisher of The Anchor today (Tuesday). According to the article,

“I really don’t have any way to defend myself. I did use articles for inspiration, but thought that I had changed the content enough to comply,” (Jeffrey) said in an e-mail to the Herald.

Ripped Off Columnists

All links point to at least one stolen newspaper column or blog:

Stories about Steve Jeffrey’s serial plagiarism:

Because I believe in thoroughness and the power of search engine optimization, you can also read stories about Steve Jeffrey’s serial plagiarism at these blogs and newspapers:

 

Photo credit: welcome2bo (Flickr)

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Six Sure-Fire Methods to Break Writer’s Block

A lot of writers suffer from writer’s block. That big mental wall that sometimes get in the way of getting any writing done. But it doesn’t have to be permanent. Only a few times have people suffered career-ending writer’s block, but when that happens, we’ve gone beyond just plain ol’ writer’s block, and are getting into some serious performance anxiety.

Here are six sure-fire methods you can use to break through your own writer’s block.Erik Deckers' Moleskine & Coffee Tumbler

  • Carry a notebook with you at all times: I keep a little black Moleskine notebook and pen with me close at hand. Whenever I have an idea or a thought that I know I’ll want to use later, I write it down. If I have several minutes, I’ll write as much as I can about the idea that inspired me. Oftentimes, when I’m stuck for a topic or struggling with an idea, I’ll pull out the notebook and refer to what I’ve already written. Or if I’ve written enough, the material from the notebook is what I needed in the first place. I just transcribe it and clean it up.
  • Write something else: Most writers I know get hung up on one particular project. They can’t write this blog post, they can’t write that article. So write something else. If you’re a professional writer, or even a persistent amateur, there’s always something else to write. So write that instead. It often gets the juices flowing, and you can break the block. When you feel it break, immediately switch over to the project you were stuck on.
  • Write it in an email instead: Most writers seem to get stuck because they’re writing for posterity. They’re thinking not only of The Reader, but The Reader in 50 Years. I don’t know how many journals and notebooks I started and then trashed because I thought, “what if my grandchildren read this in 50 years” or “what if someone wants to study my writings in 100 years? What will they find?” I immediately froze up, got two entries into the journal, and then quit. I lost count of the notebooks I’ve pitched because of this.
    If this happens to you, regardless of what you’re writing, write it in an email instead. Start it out with “Dear Mom, this is something I’m working on right now.” Then write your project/article/blog post to your mom. We love our moms, and they love us. But they don’t always get what we’re working on. So write this in terms your mom will understand. Then, go back and delete the greeting, and you’ve got your piece. Stop writing for The Reader and The Future Reader. Write for yourself. And your mom. And call her once in a while, she misses you.
  • Pick a different environment: I have two offices. My regular office and my favorite coffee shop. Some weeks see me in one office more than the other. And there are times that being in one place or the other is not conducive to getting work done. So I go to the other office. The change in environment is often enough to jolt me out of my stuckness. But if it doesn’t work — and I can usually feel the torpor coming on — I’ll go somewhere completely different. A different coffee shop, a friend’s office (Tip: Make sure they own the business. Don’t stop by your friend’s place inside the giant corporate building.) The new setting is usually enough to jolt me out of my complacency and get my creative juices flowing again.
  • Write nonsense:I’ve never been a fan of writing exercises to get warmed up. This isn’t running. I’m not going to injure my brain if I don’t write something “creative” before I start real writing. But that doesn’t mean there’s not some validity to just writing complete and utter crap for the first 20 minutes. If you’re stuck on a particular topic, write stream-of-consciousness stuff about your subject, maybe even the piece itself. As you write, do it in an over-the-top voice and style, like Sideshow Mel from The Simpsons. As you do this, you’ll find yourself breaking through the block and starting to write some real material. But don’t delete the crap. Cut-and-paste it into another document, and then go back and read it a couple days later. You may find some nuggets worth keeping.
  • Quit waiting to be inspired: Once you become a professional writer, you don’t have the luxury of having writer’s block. You also don’t have the luxury of “being inspired” or “waiting for the right moment.” Real writers don’t get inspired. Real writers plant their asses in their chairs and start writing. If the words aren’t coming, try one of the other five things I mentioned. If they still aren’t coming, put your head down, and keep writing. They’ll come to you eventually.
    Most professional writers ignore the writer’s block, because they have a job to do, and they do what they need to to get it done. There’s no such thing as an accountant’s block, where the figures just don’t add up. Or a chemist’s block, because they can’t get the formulas right. When you reach this level of writing, the words just come automatically, like breathing and eating. You may have times where your work is better, but as a professional writer, even your “good enough” should be pretty good.

What about you serious writers? How do you break through writer’s block? How do you prevent it? Has anything worked or not worked? And did any of those involve alcohol?

Update: After I wrote this post, I thought of one more method to breaking writer’s block, which I published the following day.

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How Google Caught a Plagiarizing Newspaper Editor and Ended His Career

I’m baffled at the fact that, when we live in a day and age where you can find anything — anything! — on Google, people will still try to plagiarize and steal your stuff.

It just happened to me yesterday, when I was alerted by a fellow humor writer, Dave Fox, that 28-year newspaper veteran, Jon Flatland, had stolen at least two of my past humor columns, word for word, and passed them off as his own.

To make matters worse, Flatland had done the same to Dave and four other writers, including a friend of mine.

Flatland didn’t just paraphrase our ideas, or copy a joke or two. He copied-and-pasted entire columns, changed a couple of details, like replacing his wife’s name for my wife’s, or changing the name of a city where an event took place.

Dave immediately got in touch with the publisher, as well as a state newspaper association who had given the writer an award for best humor last year (I’d love to know whose columns actually won the award for him).

One of the writers also called Flatland up and confronted him. Flatland said he didn’t believe he had plagiarized, but that he had found the stories in an old folder, thought he had written them, and published them as his own.

I’m not buying it. One of my stolen stories, ‘Twas the Month Before Christmas, was written in the exact same rhythm and rhyming pattern as the original Night Before Christmas. You don’t forget writing something like that, as much as I’ve tried.

Apparently Flatland knew something was about to hit the fan, because he sent an email of resignation to the publisher — admitting to only one column, even though we have proof of eight — and was gone before the publisher ever got into work. The publisher has since removed all of Flatland’s columns, and has notified his state’s newspaper association about the incident, blackballing Flatland and preventing him from working in newspapers ever again.

That all went down yesterday. I heard about it at 11:30 am, and by 11 pm, it was done. A career died in less than 12 hours.

What’s sad about this is Flatland was a 28 year veteran of the industry. He’s someone who knew better. He was one of the people who was supposed to teach young writers all about journalistic ethics. Flatland has had a long and impressive career in the community newspaper business, and has been the president of at least two state newspaper associations. So his name has carried a little weight in his corner of the world.

And he ended his career in disgrace, because he violated the one rule, the one foundational principle, the entire media business is built on: don’t steal someone else’s shit. In fact, Rule No. 9 on the Society of Professional Journalists Code of Ethics is never plagiarize.

I feel sympathy for Flatland. His career has ended in the most embarrassing manner possible. Former colleagues and association members will be talking about him, shocked that he would do the one thing that journalists are never, ever supposed to do.

But what makes it so stupid and senseless is that WE CAN FIND THESE THINGS OUT! Holy sweet jebus, it’s so freaking easy to find anything on the Internet! There are entire companies that have built multi-billion dollar empires by making it possible to do exactly that.

Want to see Portlandia’s “Put a Bird On It” video? Google it.

Want the lyrics to Inna-Gadda-Da-Vida? Google it.

Want to see if a phrase you used in a humor column in 2006 has been used anywhere else? Google. It.

Enter a unique or uncommon phrase from one of your posts or columns, and put quotes around it. That tells Google to look for exactly that phrase, with all those words, in that particular order.

If the phrase, along with most of your words other words, shows up without your name on it, it was stolen. If it doesn’t, it wasn’t.

It truly is that easy. And why Flatland didn’t know that or couldn’t figure it out is probably the most staggeringly disappointing part of this whole mess. He didn’t think he would get caught. He didn’t think that people might/could/would look to see if any of their stuff was appearing anywhere that it shouldn’t be.

And now, because Flatland didn’t know that one basic fact — that, and he’s a column-stealing thief who benefitted financially from my years of hard work, while I got nothing — he’s ended his career in the worst possible way, ensuring he’s never going to work in that industry again.

If you get nothing else from this column, please burn these two lessons into your memory forever.

First, don’t steal people’s work.

Second, if you do steal, please know that there are giant f—ing search engines that will find you out, no matter what tiny part of the globe you’re in.

Just write your own stuff, or don’t turn it in at all.

Photo credit: Adam Thomas (Flickr)

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Why I Don’t Like Pinterest

I don’t like Pinterest.

Don’t get me wrong. I think it’s a cool site, and I like the community it’s building, and the sharing that’s going on. I also like the back end SEO that’s happening, and what it’s doing for web traffic.

But I just don’t like it.

I’m a words guy. You know, these things you’re reading right now. They give me context. I get meaning from words that I don’t get from pictures. They express ideas and educate me. Pictures can’t do that nearly as well as words. And Pinterest, as a collection of photos, doesn’t always give me the context and meaning that I need in order to understand why you thought that particular photo was important.

As I’ve said before, a word is worth a thousand pictures. A picture of a baby has a different context and meaning for me than it does for you. Pin a picture of a baby on your board, and there could be any number of reasons why you did it. It’s your child, it’s your niece or nephew, it’s you as a baby. Whatever. Right now, it’s a picture of a baby, and I have no idea why you think it’s interesting.

“But you can read the description and board title to figure out the context,” you’re saying.

That’s right, I can read the description and title — made up of words — to figure out the context. Without your words, that’s just a picture of a baby.

Why did you think this was interesting? Where did you see this? What’s the story behind it? Is that you when you were 14 months old? Is that your nephew about to dump a bowl of cereal on the floor?

You have 500 characters to explain this all to me, but most comments I read are usually “too funny,” “WANT!”, or “that’s a deal breaker, ladies!” so I have no idea what was so interesting about the chicken sleeping in the kayak converted into a hammock.

Basically, if you’re not putting words with your photos, I have no idea what’s so important about what you just pinned, so I don’t click it, follow it, look at it, or pay a lick of attention to it.

It would be nice if Pinterest could include the websites where the photos were pinned from, or let you highlight important text to include with your pin. It would be great if people would put more than one or two words describing the photo. It’s not that hard, is it? Answer the question, “I like this because it _________” and tell everyone why that particular item caught your eye.

(For the record, writing “grapes” under a picture of grapes is not helpful. I can see they’re grapes.)

Like I said, it’s not that I think Pinterest is a bad thing. It’s a cool site, and I use it occasionally to share pictures of stuff I want (making it the most expensive Christmas list manager ever created), interesting ideas I’ve found, or funny photos and captions that made me laugh.

But as someone who thinks in words more than pictures, I need Pinterest and its users to give me a little context about what I’m seeing. Otherwise it’s just a bunch of pictures of food, clothes, and last night’s Oscars fashion.