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A Recipe for Plagiarism at Patch?

by ARLnow.com | February 15, 2011 at 10:02 am | 1,108 views | 61 Comments

Since launching last year, Arlington’s two Patch sites have raised some unanswered questions.

Why, for instance, are there separate sites devoted to Clarendon and Ballston?

Why does Ballston have its own Capitals beat reporter and cooking columnist?

What’s up with all the high school gymnastics articles and photo slideshows?

Who gets this excited about The Melting Pot?

Is there a better way to describe Ballston Common Mall’s Christmas tree than “enormous” and “erect?”

On a more serious note, the aforementioned cooking column begs another question: How doesn’t anybody over at the Ballston site realize that it’s wrong to copy and paste copyrighted material without proper credit?

We’ve found four instances (see below) of recipes being copied more or less verbatim from various web sites and used in Ballston Patch articles. In one case (see #1), no credit was given to the source of the recipe. In the other three cases, some credit was given but no link was provided.

At the very least, the latter breaks a common internet courtesy. At worst, the former could be considered copyright infringement. All four of the filched recipes contained copyright notices at the bottom of the original page.

We contacted Allrecipes.com, one of the sites whose recipes were used. Spokeswoman Stephanie Robinett said that the company expects anyone copying their recipes to first request permission, then provide a link and credit to the recipe’s author. Otherwise?

“That would be a copyright violation,” she said.

Patch, a rapidly-growing network of local web sites owned by AOL, has come under fire several times in the past year for reported incidents of plagiarism. Patch HQ in New York takes plagiarism very seriously (we know first-hand, after raising one such concern), yet instances of content misappropriation by Patch writers seem to make waves in media circles every couple of months.

This trickle of plagiarism charges may not be unexpected for an organization with an extensive portfolio of nearly 1,000 web sites in 18 states and the District — an organization that often hires young editors and amateur freelance contributors. Nonetheless, it does not reflect well on a company that has high aspirations of being a top source of original content on the web.

We trust Ballston Patch will be more vigilant in the future about giving credit where it’s due and making sure the appropriation of original works falls under fair use guidelines.

Here’s the list:

  1. Overnight Apple Cinnamon French Toast (Patch, Allrecipes)
  2. Curly Kale with Caramelized Onion (Patch, Vegetarian Times)
  3. Sweet Pepper Pasta Toss with Kale (Patch, Allrecipes)
  4. Apple Brie Quesadilla (Patch, Allrecipes)
Section: Around Town, Opinion | Tags: ,
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  • el fat kid

    scott, this doesn’t come off right…

    • Lou

      have to agree

      • Stanley

        It’s either copyright infringement (illegal) or its not.

        Appeals to “netiquette” are boring – particularly from a blog where the comment section has no concept of netiquette.

        Again, appeals to *morality* when copying content is boring. There is no morality to copying content. There is just your indignation.

        It’s either copyright infringement or its not. Moral indignation for copying content in the brave new world of new media + 25 cents wont get you either a cup of coffee or a phone call.

        • http://bloggasm.com Simon Owens

          I don’t agree at all. To break down the world into two categories — illegal and legal — is silly. Do you also leave comments on movie reviews that say: “Either the making of the movie Avatar is legal or it’s not. Whether someone thinks it’s a ‘good’ movie or a ‘bad’ movie is irrelevant”?

  • Arlington Lawyer

    As a general rule, recipes are not copyrightable. An exception exists where the instructions contain substantial literary expression, but it is highly doubtful a straightforward listing of ingredients and steps would be protected. See, e.g., http://old.cbbqa.org/articles/CopyrightLaw.html.

    I’m a little surprised you didn’t check with a legal expert or at least with the entity (a competitor of yours, natch) against whom you are levying a rather serious charge of civil and criminal wrongdoing before publishing this piece. I can guess what Dan Snyder would do in response.

    • Tim

      It may not be copyrightable, but copying it verbatim and claiming it as your own creation is nonetheless plagiarism. Plagiarism doesn’t carry anywhere near the legal weight as copyright. But it’s still very serious, and in the creative community, it can get you fired and/or blacklisted from an entire industry.

      • Arlington Lawyer

        Tim: I have no argument about anything you say. If the title of this post had been “A Recipe for Plagiarism at Patch?” I wouldn’t have posted a comment. While plagiarism may (rightly) be a fireable offense in journalism, so should be recklessly bandying about accusations of legal wrongdoing by your competitors.

        • DC Copyright Attorney

          I concur with Arlington Lawyer. Additionally, while copyright and plagiarism may be similar, copyright is a legal issue, and plagiarism is an ethical issue. Patch can republish the recipes without infringing copyright under the Copyright Act; however, a link back to the original source seems appropriate.

        • http://www.arlnow.com ARLnow.com

          AL — I’m sympathetic to your argument, but we’re not making any direct accusations here. We’re posing a question based on what the Allrecipes spokeswoman said she would consider the copying of a recipe without credit, and she specifically mentioned copyright. Had she used another term we would have gone with that in the headline instead.

          • Andrew

            Not making accusations?

            “We trust Ballston Patch will be more vigilant in the future about giving credit where it’s due and making sure the appropriation of original works falls under fair use guidelines.”

          • Non-Arlington Lawyer-to-be

            Sorry, but that’s a really weak response. Using a question mark and the magic words that some (totally wrongheaded) source used doesn’t absolve you of responsibility here. Your headline does one very simple thing: it insinuates that Patch is violating copyright law.

          • http://www.arlnow.com ARLnow.com

            There seems to be some consensus here. I’ll change the headline.

          • TGEoA@gmail.com

            You’ve changed man.

          • Non-Arlington Lawyer-to-be

            One more point: you ask “Is there a better way to describe Ballston Common Mall’s Christmas tree than ‘enormous’ and ‘erect?’”

            The answer is clearly “No.”

  • bob

    does anyone read patch?

    • Stanley

      Do now, now that ARLNOW advertised for it.

      • Burger

        That was my thinking. Is Patch connected with ARLNOW or paid it money to link into this “faux” controversy?

    • SD

      I had never heard of it before now.

  • Chris Slatt

    Can’t copyright a recipe. http://www.copyright.gov/fls/fl122.html

    They appear to be providing original photography and commentary, so what’s with the whining Arlnow?

    • http://www.arlnow.com ARLnow.com

      I’m not a lawyer, nor do I play one on TV. But as a content creator, copying text verbatim without credit seems wrong.

      • steve

        Does it really matter? I mean, Joe Biden is the VP and was busted doing that in law school.

      • local

        Wrong, maybe. Illegal, no.

        • Burger

          You need to go to law school. Depending on the media, it is most definitely illegal to copy something verbatim. I.e. I can’t just copy the entirity War and Peace and sell it as Peace and War.

          • Lou

            But could you copy it and sell it under its original name “War, What Is It Good For?”

          • imissTX

            +1 for the Seinfeld reference

          • Steve

            When you say “illegal” people refer to criminal law. It’s not a “crime” to plagiarize (perhaps in part of applying for something that would constitute a fraud), but rather is a civil wrong, a tort, and the aggrieved person can seek damages.

          • Burger

            Sorry, correct. It is infringement.

          • http://blacknell.net/dynamic MB

            Yes you can. If you’d followed your own suggestion, you might know that.

          • Burger

            No, simply retitling something that you copied does not get you over the barrier of derivative work, fair use, or a variety of other safe harbors.

          • Arlington Lawyer

            Burger: MB might have just been pointing out that your analogy was a bit unfortunate. War and Peace, having been written in the mid 19th century, is now in the public domain, as are many English translations of it.

  • OX4

    I have no idea what patch is, but this here review by ARLnow is classic.

  • Tom

    The Ashburn Patch has the same extensive coverage of high school gymnastics and cheerleading. Creepy.

    • Lou

      have to agree here too

    • MIchael H.

      I think all of those photo galleries were shot by the same photographer, who apparently specializes in “senior” photography, according to his website (which I just looked up).

  • http://www.greatergreaterwashington.org/joey Joey

    BTW, the Ballston site probably has a beat writer for the Capitals, because their headquarters and practice facility are in Ballston.

    • Rick

      he’s also the cameraman for all the stupid stuff chad dukes does on tape

      • Lou

        That’s probably the worst indictment of that site I’ve heard yet.

  • http://www.welovedc.com Tom Bridge

    I agree with the guy above: recipes aren’t copyrightable. If you’re trying to manufacture a Cooks Source, you’re going to have to get someone other than AllRecipes.com, an SEO giant, to make me feel like there’s harm done.

  • style nazi

    How to use the term “begs the question” properly.

    http://grammar.quickanddirtytips.com/begs-the-question.aspx

  • Kyle

    I DEFINITELY agree with the notes about that Melting Pot review. Wow. I’m blown away by the levels of excitement.

    Does the writer not know of the tons of amazing restaurants right across the river in DC that have made top 10 lists across the country? Just wondering.

    • anon

      I’m blown away by the terribleness of her writing. I think I’ve read reviews by 5th graders with better/more interesting word choice, coherent sentences, proper grammar and less…use…of…ellipsis.

      “Which, the table is awesome!”

    • Erik

      Do you realize the restaurant reviews for Ballston Patch is for local Ballston Restaurants…not DC, not Fairfax…but Ballston? It is opinion and not meant to be an end all be all article.

      WOW some people can be huge jerks, shows your ignorance.

  • Mark

    Looks like you can’t copyright the list of ingredients but the instructions may be copyrightable, according to http://www.copyright.gov/fls/fl122.html

    More to the point, that was a hilarious smack-down of the super-lame Patch “local” site: it becomes local by adding the sentence “Happy Saturday Ballston-Virginia Square residents” to generic copy. And like we really need someone else covering the Caps. How about local news.

    Byline should be from Hal the computer

  • Arlwhenever

    Consider it done, Arianna will fix it.

  • LyonSteve

    I’m confused….

  • Mkt Common

    Patch is a network of AOL content sites that are trying to be original content providers, but really do a lot of, um, linking & copying content whole without providing attribution.

    http://www.businessinsider.com/aol-patch-responds-to-recent-plagiarism-incidents-and-ongoing-employee-woes-2010-10

  • Zach

    Seems like this Patch network is quite clearly a content farm that exists solely to produce massive amounts of search-engine optimized content so it will show up high in Google rankings, similar to eHow or Experts Exchange, and other similar sites (e.g., a search for “melting pot ballston” returns the Patch article as the fifth result). They do it by paying independent contracts to write quick and dirty articles or just copy content from legitimate sites and tweak it to fool Google. There has been a lot of talk on tech blogs lately about how Google needs to improve its search algorithm to avoid these sites.

    • CDub

      As a Patch writer, I can say that I’m not pulling random stuff off of the internet and regurgitating it. I actually do research and think about what I write. I’d guess that not too many people read most of my articles, and that doesn’t bother me because I still enjoy writing them. Yes, it is a bunch of freelance writers who write for Patch and no, not everyone is Hemingway, but it is a group of local people who write about what is going on in their community.

      Look, if you don’t like what is written or how it is written, then don’t read it, but don’t go slinging accusations that the writers are just a bunch of google-trolling chumps, either.

  • Paradise And Lunch

    Thanks Arlnow. Now that I’ve seen Patch, my mind is at ease. I’m not missing anything. Hope the cut and pasting complaint blows over. Legal or not, it’s claptrap and deserves to be called out. Just adding to the Babel.

  • http://bloggasm.com Simon Owens

    @Arlington Lawyer: Doesn’t change the fact that it’s incredibly bad internet etiquette to copy and paste something wholesale without giving any link credit.

  • ian l

    this is a worthless article that is nothing more than a cheap-shot at ARLnow’s competitor… what’s wrong with covering high school sports…. only a sex offender would be aroused by high school gymnastics

  • SD

    Patch just lost me when I looked at the main page and it lists:

    Restaurants: Arby’s4238 Wilson Blvd, Arlington, VA 22203
    Shopping: Hilton Arlington Gift Shop

    Yes- two of Ballston’s finest.

    • Lou

      LOL. I think they actually did a retail profile of the Holiday Inn’s gift store. I read it. I felt bad for reading it.

  • Novanglus

    The Patch site in my New England hometown is fantastic. There, they hired someone who grew up in the town and knows the political scene, the nightlife, and community intimately.

    Here, it looks like they hired a couple of transplants with journalism degrees but no experience with actual reporting or with local issues.

    Patch would be better off buying out ArlNow.

  • nadnerb

    patch is a joke.

  • 4Arl

    I’m not surprised that they may take liberties with copying, legal or not. After all there’s an entire generation that grew up with music/filesharing, whether or not they participated. It seems that few raise the issue these days, even just to discuss from a fairness point of view.

  • Sophia

    May I direct your attention to this: http://consumerist.com/2010/11/magazine-copies-entire-story-from-web-tells-writer-she-should-pay-them-for-publishing-it.html

    Similar scandal. The magazine also plagiarized from The Food Network.

  • Erik

    Seriously, I am absolutely disappointed by this “article”. I feel in some way that you are either bitter, that someone (the Patch) is moving in on your territory. You don’t even come off as a legit reporter/journalist or writer. Seriously over recipes…RECIPES!

    What is wrong with you…I understand you not liking competition moving in on your territory. You seem very malicious your intent that you had to find something criticize—seriously recipes of someone taking the effort to not report but write OPINIONS about recipes.

    Something is wrong with you. I was never a fan Arlnow…but I know I will not read this catty site again. Heck, I may start reading the Ballston Patch now and get some recipes.

  • Erik

    As I read through these comments, many of you are jerks…do you realize you are commenting on recipes. Dude, how long did you have to dig to find your information. Wow such a stellar job. You are a complete loser ArlNow is should be disappointed and take this off their site.

    • borf

      “ArlNow is should be disappointed and take this off their site.”

      Yes, I agree, your comment should be removed.

  • Erik

    borf — WOW! So someone with a different opinion and disagrees with ArlNow and with the comments should be removed? Seriously?

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