March 24, 2010

“Highlights Are History” Killer Strands versus Vogue, Literary Infringement or ?

Your Opinion?

1 Crown and glory 208
Crown n Glory209
With my unusual step into the “writing world” via this Blog, I have had more than my share of surprises as to how the weird world of writing works. Over and over I have stated, “I…AM…NOT…A…WRITER”, never had the interest, talent or desire to be one -- never wanted to be accused of being a lousy one. I pride myself in all my endeavors of becoming a master, not too sure where that comes from. Within this new medium (Internet) I knew of no other manner in which to teach the masses, the information I have taught here in the Blog. So, I conformed – gave it my best effort and our 3 year anniversary is 3 weeks from tomorrow, I’m pretty proud of that. 3 years of writing 1-5 posts per week, by a non-writer.hell hair 114
One of my first wake-up calls to the legal side of the whole shebang was when I (1st or 2nd) wrote about the glories of Argan oil, a long time back. Some Academic woman from the Midwest came down on me so hard I still remember not sleeping as a result. Accusing me of “stealing information”, “literary infringement”, improperly quoting it . I think the word bibliography was used….all sorts of ramblings. She acted as if I stole the Mona Lisa pasted it on this Blog and swore on the Bible, I painted it myself. See, I can only quote Artwork  ;-)))) killer5682
I was stunned, to say the least.
What happened was I …yes, I borrowed a couple technical sentences straight out of a NY TIMES piece on the subject and didn’t change them at all. I used the direct sentences from the article, so about 2/3 of the paragraph was word for word from the article. I never said it was my theories, none of that….to this day I still remember feeling very ill that day and just not having the health to write my own sentences that made good sense. I suppose I may have sub-conscientiously knew it was wrong, but I don’t remember.
So I began a little online verbal battle with her via the ‘comment - section’ of the BLOG ( which can no longer be done)…. so everyone could see that I had innocently made a mistake that I didn’t even know existed { remembering all the while, “writing” is not my world}.
While she was firing off all her Academic malarkey to me I was on my end researching every type of copy write and infringement topics I could find, she was right and I was wrong and after the 24 hour battle instead of edit it, ever so carefully,  I deleted the entire article. The only one that lost in that war was YOU the readers, because It was a great article about how I feel about (natural earth grown)oils and how I feel that everyone is really missing out by not having them in diet and life. ( I’m presently working on a new version as I feel very strongly about the positive effects of oils/lipids for the human body)
Her little snide comments, then my little snide comments. . . it was silly of me…BUT, I learned my lesson and I never did it again. If she had done it offline and personally, she would have accomplished a much better outcome – I would have listened/learned and most likely we would still be speaking today.  She claimed to be an “educator” and I felt a pang of sorrow for her students.
About a week ago I received an email from one of my trusty readers that said this:
“See article of the same title, "Highlights are History," in the April 2010 issue of Vogue.
Ah, to be one step ahead of the masses...”
I wasn’t quite sure what she meant, so I Googled VOGUE, Googled the sentence - nothing about Vogue and the sentence came up. The only thing that came up was all my articles and posts on the subject of highlights are history – my writings on both Blogs on my PLOGS --  I named the one  – because it is exclusively photos – no words ;-))))
If I was doing such a bad thing. . . Why is VOGUE not doing a very bad thing ?? They have FACT checkers, they know what the rules and regs are, they most likely invented many of them.
Page 175 of the APRIL ISSUE of VOGUE magazine is TITLED:
HIGHLIGHTS  ARE  HISTORY
now According to the U.S. Copyright Office, "Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.
Well, a computer fits that bill, and if you look over to the right and down in the side bar… you will see this
image go down to “H”, then to
HIGHLIGHTS ARE HISTORY
I have (at least 7) posts on this subject AND HAVE even LOGO-ED THE TOPIC,
TRYING MY HARDEST TO GET OTHERS TO THINK ABOUT BANISHING THE TECHNIQUE
So, why does a big publication like VOGUE get to steal from the “little guy” ? and its OK ?
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You know what's even more odd ?  About 10 months ago, Killer Strands received an email from an anonymous reader, with the enquiry  “would like to talk about your work” with the responsible party and her email being her:
“ name “ @ conde naste.com
CondeNaste owns Vogue.
How do I know that? My daughter is an accomplished fashion photographer, studied under the late great IRVING PENN for 2 years in New York. Her checks and her insurance were paid through CONDE NASTE, as Mr. Penn was employed by VOGUE/CONDE NASTE  right up to nearly his death at 92, last year.
I emailed that address daily for a couple weeks with no response.
Forgot about it. Until Now.
I don’t know what the “lead-time” is for magazines. . .but the whole thing is a little too “co-inky-dink” for mOne remembers an email like that, I don’t  remember much . . . but I distinctly remember that because I really hoped it would bring more notice to Killer Strands (my main goal).  If I am to get the word out about how to achieve - and keep > STRONG – HEALTHY - SHINY Hair….then I am going to need more help. Like notices by magazines such as VOGUE. (Although theft was not really what I had in mind).
I want to hear what you think about this…. and for a couple days I am going to (attempt) to open the comments up for direct posting to the BLOG (normally I must weed though the SPAM in them ) 
These are the 2 pages from VOGUE….
Crown n Glory209Crown n Glory210
Vogue   Magazine                          
Sarah Brown : Beauty Director
email :
TalkingBack@Vogue.com
Letters :  VOGUE MAGAZINE     4 Times Square    NewYork  New  York,  10036

Killer  Chemist

6 comments:

  1. wow, this is pretty crazy. if they were attempting to contact you to talk about citing pieces from your blog, why didn't they ever respond? hmmm...I know it can be hard to create your own work that no one else has covered yet, but there are people that get paid to look into these types of things.

    If I accidentally copied from a big company, my bad-- I don't have anyone to watch out for me in that sense, but a big company like Vogue copying from a blog? In my opinion, not so easily excused.

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  2. Hmmmm, very curious... I also read an article in Allure the other day that said, "Embrace your hair's natural texture" or something to that effect... I'm not sure exactly what it said, I'll look at it again when I get home. But it was a line straight-STRAIGHT out of the blog. I'm not sure if Conde Nast also owns Allure, I know that they do Glamour, and Self... Nevermind, I just googled it! They ARE owned by Conde Nast... Okay, there is NO WAY this is a coincidence... What a bunch of Hacks... I'm writing them.

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  3. Trian Johnson SanaMarch 25, 2010 at 7:42 PM

    Sounds like they owe you a professional credit for your work including fees. The information in your blog is the most comprehensive I have read on hair/skin/nutrition/lifestyle. It has permanently changed my life for the better. Thank you for daring to be honest.

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  4. The writers for Vogue, and any magazine, are PAID to be creative and come up with snappy, clever titles and subtitles; they do it all the time. "Highlights are History" is cute and catchy, but not at all "unique" or "remarkable", in the sense that no one else would think of it. For someone writing about current hair color trends, it's not a big stretch to think one or several writers might come up with it. Unless the phrase itself is legally copyrighted (which would be difficult, if not impossible, to do), anyone can still use it.

    The Long Hair Forum has been encouraging people to "embrace" their "natural texture", using those exact words, since 2004, so again, not unique to this blog and there's no way to place a restriction on who can use a particular expression.

    Anyway, maybe all of this can be seen as a good thing? It shows that KC is as informed, or even MORE informed, than people doing "field work" in the industry. She still has her finger on the pulse of modern hair care and brings it to all of us at no charge.

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  5. I have a suspicious mind and this "coincidence" seems very suspicious!! I would even go as far as to say that it seems beyond coicidence that they have used the exact phrasing that you have written. Unfortunately, they are perhaps banking on the fact that they are one of the "big boys" and that they can use your words without repercussions. It is often the way of business that they are counting on their financial status to deter original authors from taking issue with them. However, I shall certainly be writing to the CEO and voicing my concerns and displeasure.

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  6. Thank you all of my supporters. . . .Love that you are,
    KC

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