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My guest for Episode #289 of the My Favorite Mistake podcast is Jonathan Bailey, founder of PlagiarismToday.com. He’s also a Copyright and Plagiarism Consultant at CopyByte, with background and education in Journalism.
He’s spoken at conferences worldwide, including four of the International Plagiarism Conferences, three SXSWi Conferences, and much more. He’s also been featured in countless publications, including The Boston Globe, The Guardian, PBS MediaShift, The New York Times, and the BBC, to name a few.
In today's episode, Jonathan discusses his journey as a leading voice in copyright and plagiarism consulting. He shares insights into the challenges of protecting intellectual property in the digital age, offering practical advice on addressing online plagiarism, copyright infringement, and related issues.
Jonathan reflects on a career-defining mistake where he made a fear-driven decision to take an exclusive job, which ultimately led him to realize the importance of betting on himself.
The conversation also spans topics such as effective ways to handle plagiarism, the role of proper attribution, and the differences between copyright and plagiarism, offering valuable lessons for content creators and businesses navigating intellectual property challenges.
Questions and Topics:
- What is your favorite mistake?
- What is your best definition of plagiarism in both academic and business contexts?
- How do you handle gray areas in plagiarism, such as overly close paraphrasing or using someone’s ideas without credit?
- What inspired you to start Plagiarism Today?
- What advice would you give to content creators dealing with websites that copy their work without permission?
- How does the DMCA process work for addressing online copyright infringement?
- What mistakes do people make in assuming online content (like photos or videos) is free to use?
- Can you explain the difference between “free” and “royalty-free” content?
- How can podcasters or creators avoid legal pitfalls when using music or other media?
- Are there connections between your haunted house work and intellectual property issues, such as using copyrighted characters?
- Why is copying and pasting content on platforms like LinkedIn or Threads a problem, even when attribution is provided?
- What steps can platforms like LinkedIn take to address copyright infringement?
- How should creators respond to claims that unauthorized use of their work is “helping give it exposure”?
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Automated Transcript (May Contain Mistakes)
Introduction and Background
Mark Graban:
Hi, welcome to My Favorite Mistake. I'm your host, Mark Graban. Our guest today is Jonathan Bailey. He is the founder of PlagiarismToday.com and a copyright and plagiarism consultant at CopyByte.
Jonathan has a background in education and journalism. He’s spoken at conferences worldwide, including four International Plagiarism Conferences, three SXSWi Conferences, and many more. He’s also been featured in countless publications, including The Boston Globe, The Guardian, PBS, The New York Times, and the BBC. So, Jonathan, thank you for joining us today. How are you?
Jonathan Bailey:
Thank you for having me. I’m apologizing in advance—I’m a little dim today because I usually rely on the beautiful, natural New Orleans light to illuminate me. But today, we’re waiting for an impending hurricane, so I get to be a little bit in the dark.
Mark Graban:
Well, you’re going to shed light on some important issues for our listeners. I hope everything will be okay with the storm.
Jonathan Bailey:
Not too worried. It’s just like I said—I have great timing. That’s what I’ve learned.
Mark Graban:
Well, you’ve been living in New Orleans through Katrina and other hurricanes. Have you had to evacuate often?
Jonathan Bailey:
Yeah, I’ve been here since 2002. I’ve had to evacuate a few times.
Mark Graban:
Well, hope for the best for you and everyone there in New Orleans. There’s a lot to talk about today—issues of copyright infringement, bad practices on the Internet, and mistakes people make around plagiarism. I’m excited to explore all of that. But first, as we always do, Jonathan, I’m curious to hear your answer to the main question:
What would you say is your favorite mistake?
Jonathan’s Favorite Mistake
Jonathan Bailey:
My favorite mistake happened fairly early in my career. I started PlagiarismToday in 2005. By 2008, I went full-time with it—doing consulting work, expert witness work, and so on. It started off really well. I had clients lined up, was very busy, and was making good money.
Then, like sometimes happens, everything cut out at once. One case I’d been working on ended, another client shut down, and I went from being fully booked to having basically nothing.
Around that time, a company called CopyByte approached me. They wanted to hire me exclusively to work on their product. They were part of a larger content creation company that provided turnkey websites to specific types of doctors. CopyByte was their enforcement arm. They offered me a very decent salary—good money, I’ll admit.
Taking the job was a mistake for two reasons. First, I made the decision out of fear. Fear is why you set up backup plans and contingencies; it’s not why you make career decisions. But I was scared and desperate, so I said yes.
Second, while I have no ethical qualms with them—they’re fine people—we had very different business mindsets. I’m focused on building things that last 10, 15, or 20 years. PlagiarismToday, for example, will be turning 20 next year. CopyByte, on the other hand, operated on a very quarter-to-quarter basis. That difference made it hard to get along.
It worked well for about six months. But then, between the economic downturn and issues on their end—like a product they invested in that never launched—I was abruptly let go.
They offered me a choice for severance: a few months' salary or ownership of the CopyByte intellectual property—the name, domain, trademarks, logos, and site. I talked it over with my girlfriend and decided I wouldn’t make the same mistake twice. I bet on myself, took the intellectual property, and turned it into a consulting firm.
Over the past 12 to 15 years, that decision has paid off. It’s helped me build a successful business and achieve long-term success.
Lessons Learned From the Mistake
Mark Graban:
That’s a great example of learning from a mistake—learning from the regret of not betting on yourself initially. What an unusual twist to go from being let go to then owning the company.
Jonathan Bailey:
Yeah, it was a strange transition. I went from being the bottom guy on their totem pole to owning the company outright. Suddenly, I was CEO, president, and sole proprietor.
It’s still largely just me. For larger projects, I bring in other people, but I’m a bit of a control freak. That’s another reason I shouldn’t have taken a traditional job—I know myself well enough to realize that.
Mark Graban:
It sounds like you’ve found a balance that works for you now.
Jonathan Bailey:
I have. I’ve found my happy point. I don’t need to focus on growing a large team. I focus on doing the work I love—thinking about and analyzing copyright, plagiarism, and related issues.
Mark Graban:
What if you hadn’t bet on yourself the second time? Have you thought about what could have happened if you had taken the severance?
Jonathan Bailey:
I dodged a bullet, that’s for sure. It’s hard to turn down money, especially when there are a lot of zeros on the check. But I’m glad I didn’t let fear drive my decision again.
Understanding Plagiarism and Attribution
Mark Graban:
Let’s talk about your work. Everyone knows the word “plagiarism,” but what’s your best definition—whether in an academic or business context?
Jonathan Bailey:
Broadly speaking, plagiarism is the use of another person’s work—words, ideas, images—without proper attribution. What constitutes “proper attribution” varies depending on the context. In academic research, attribution standards are very strict. In other contexts, like memes or social media, attribution might not be expected at all.
Plagiarism is more about attribution than the copying itself. That’s why plagiarism and copyright overlap, but they aren’t the same. For example, copying without attribution might not violate copyright law, but it’s still plagiarism.
Mark Graban:
What about gray areas, like paraphrasing? How close is too close?
Jonathan Bailey:
When paraphrasing, you shouldn’t use the original author’s words at all. Start with a blank screen and write your own version from scratch. My teachers taught me to read the text, put it away, and then write without looking at it. That clean-room approach ensures your words are original.
If you’re just editing someone else’s words to “make it your own,” it’ll take longer and might still look too similar. Always credit the original source for the ideas, even if you’ve rewritten them in your own words.
Mark Graban:
What about ideas? Should novel ideas be cited even if they’re described differently?
Jonathan Bailey:
Yes, but proving someone plagiarized an idea is incredibly difficult. Ideas are abstract, and most aren’t unique enough to claim ownership. That’s why many claims of “idea theft” in industries like film are hard to enforce. However, if an idea is very specific and tied to one source, attribution is appropriate.
Origins of Plagiarism Today
Mark Graban:
I know Plagiarism Today was inspired by personal experience. Can you share that story?
Jonathan Bailey:
Sure. Around 2002, I was running a website and holding a chat with readers when someone asked if I ran another site. I said no, and they sent me a link. Someone had taken everything from my site and put it under their name.
I flipped out. I had a background in journalism and media law, so I knew my rights, but I didn’t know how to enforce them. I hit the books, handled that case, and then started finding others.
Over a few years, I discovered 700 cases of my work being plagiarized. In 2005, I realized there wasn’t a site dedicated to helping people address plagiarism. My girlfriend Crystal suggested I create one.
I launched Plagiarism Today in August 2005—right as Hurricane Katrina hit. It became a “Katrina baby” of sorts, giving me a purpose during the evacuation. It grew organically as people began asking for help, and by 2008, it was my full-time work.
Mark Graban:
It’s incredible how a negative experience sparked something so positive.
Jonathan Bailey:
It was transformative. That original experience taught me the importance of turning frustration into action.
Handling Copyright Infringement Online
Mark Graban:
Many listeners may face similar situations. My blog, LeanBlog.org, has been copied wholesale by other websites. I’ve stopped putting full posts in my RSS feed, but people find ways. What advice would you give to someone in that situation?
Jonathan Bailey:
The key is understanding the Digital Millennium Copyright Act (DMCA). Most people know it in the context of YouTube copyright strikes, but it applies to all websites hosted in the U.S. and in many other countries with similar laws.
Rather than reaching out to the infringing site, which often leads to hostility, file a DMCA notice with their web host. Tools like “WhoIsHostingThis” can help you find the host. Once you know their DMCA agent, you can send a takedown request.
If the host is uncooperative—common with certain countries like Russia or China—you can file a DMCA notice with Google to remove the content from search results. This reduces its visibility, even if you can’t take the site down.
Mistakes with Online Content Usage
Mark Graban:
A common mistake people make online is assuming content like photos is free to use just because it’s on the Internet. Can you explain why this is dangerous?
Jonathan Bailey:
It’s a huge mistake and incredibly risky. Many companies actively search for unlicensed use of their photos, videos, or audio and issue settlement demands. This isn’t just about random Internet images—stock photos are especially problematic if used without a license.
If you need free content, use legitimate free stock photo sites like Pixabay or Wikimedia Commons. They provide properly licensed content to avoid legal trouble.
Mark Graban:
Can you explain the difference between “free” and “royalty-free”?
Jonathan Bailey:
“Free” typically means there’s no cost to download, but it doesn’t necessarily mean you’re free to use it in your project. “Royalty-free” means you pay a one-time license fee, allowing unlimited use without ongoing royalties.
Mark Graban:
I once accidentally removed attribution for a Creative Commons photo on my blog, and they came after me hard. I learned my business liability insurance could cover that kind of issue. What’s your advice on avoiding similar mistakes?
Jonathan Bailey:
That’s becoming more common. If you use Creative Commons images, automate attribution with plugins or tools like Wikimedia Commons, which provide preformatted HTML for proper credit. Missteps like missing attribution can lead to settlement demands, even if unintentional.
Navigating LinkedIn and Social Media Challenges
Mark Graban:
On LinkedIn, I see people reposting stolen videos, PDFs, or blog content, often with citations. Is that a defense?
Jonathan Bailey:
No, citing the source avoids plagiarism, but it doesn’t avoid copyright infringement. Copying and distributing content without permission is still illegal, no matter the intent.
Mark Graban:
What’s driving this behavior on LinkedIn?
Jonathan Bailey:
It’s partly LinkedIn’s algorithm, which rewards posts with native content over external links. This encourages users to upload full articles or videos instead of sharing links. Similar issues have happened with Facebook and YouTube in the past.
Mark Graban:
Could platforms use AI to prevent this?
Jonathan Bailey:
Yes, the technology exists, but platforms like LinkedIn lack the incentive. YouTube prioritizes copyright enforcement because it has partnerships with large content creators and media companies. LinkedIn doesn’t have that same pressure.
The Haunted House Connection
Mark Graban:
You also run a haunted house. Any overlap between intellectual property and haunted houses?
Jonathan Bailey:
The biggest copyright issue in haunted houses is the unauthorized use of movie characters like Freddy Krueger or Pennywise. While studios rarely sue haunts, advertising these characters can draw legal action.
I advise haunts to create original characters or use local legends. It’s more creative, avoids copyright issues, and resonates better with audiences.
Closing Thoughts
Mark Graban:
Jonathan, this has been a great conversation. Your work on PlagiarismToday.com is so valuable. What final advice would you give to creators about protecting their content?
Jonathan Bailey:
Understand your rights and the tools available, like the DMCA. Don’t let fear stop you from enforcing those rights. And always prioritize long-term thinking over quick fixes—it’s the best way to build something lasting.
Mark Graban:
Thanks again, Jonathan. I really appreciate the insights and stories you’ve shared today.
Jonathan Bailey:
Thank you for having me. It’s been a pleasure reminiscing about the past and sharing these lessons.
Episode Summary and More
Understanding Copyright, Plagiarism, and Career Lessons
The Expertise of Jonathan Bailey
Jonathan Bailey, founder of Plagiarism Today and a consultant at CopyByte, has built an extensive career as an expert in copyright and plagiarism. With a background in journalism and education, Jonathan has shared his knowledge at numerous conferences, such as international plagiarism conferences and South by Southwest (SXSW). His work has also appeared in prominent publications like the Boston Globe, the Guardian, PBS, the New York Times, and the BBC.
Jonathan’s journey began in 2005 when he started Plagiarism Today, and by 2008, transitioned it into a full-time consulting and expert witness service. Despite facing significant challenges, his commitment to long-term value over short-term gains has driven the growth and longevity of his ventures.
The Challenges and Lessons of Early Mistakes
In the early stages of his career, Jonathan faced a pivotal moment that taught him crucial lessons. At one point, his consulting work plummeted, leading him to accept an exclusive job offer from CopyByte, part of a larger content creation company. This decision, made out of fear rather than strategic planning, required him to fire his existing clients and invest fully in a traditional job structure almost entirely different from his entrepreneurial mindset.
The cultural clash between his long-term vision and the company’s quarterly-driven focus eventually led to his termination. Given a choice between a severance package and the intellectual property of CopyByte, Jonathan chose the latter, betting on his capabilities. This decision proved fruitful as he transformed CopyByte into a successful consulting firm, highlighting the importance of making career decisions based on confidence rather than fear.
Understanding Plagiarism: Definitions and Contexts
Plagiarism is an increasingly pertinent issue, especially in the digital age. Broadly speaking, plagiarism is the use of another person's work—ideas, words, images—without proper attribution. This definition may vary depending on context, such as academic settings versus social media, but the essence remains the same: giving due credit to the original creator.
Proper attribution standards differ widely. Academic research demands rigorous citations, while social media might operate more leniently. For example, citing a Facebook post in the same format as an academic paper would be unusual. The key to avoiding plagiarism lies in understanding and adhering to the specific attribution standards of the respective domain.
The Nuances of Paraphrasing and Idea Plagiarism
Paraphrasing is an area fraught with potential pitfalls. Proper paraphrasing involves entirely rephrasing the original content in your own words without looking back at the source material. Many people mistakenly believe that merely changing a few words or phrases suffices for paraphrasing, but true paraphrasing requires a clean-slate approach where the original text isn't directly referenced.
Idea plagiarism is even more challenging to navigate. Proving the originality of an idea can be nearly impossible, especially when similar concepts might arise independently. Certain ideas are so iconic that their origin is apparent, like the plot of “Star Wars.” Yet, less obvious ideas require rigorous proof to establish their origin. In fields like screenwriting, overlapping ideas often lead to disputes about originality, but proving such claims can be difficult.
Intellectual Property and Career Resilience
Jonathan’s experiences underscore the importance of intellectual property and the resilience needed to navigate a career rooted in such issues. When Jonathan chose to take ownership of CopyByte’s intellectual assets, he showcased a critical understanding of long-term investment over immediate gain. This decision was not merely about financial gain but also about aligning his career with his personal strengths and professional vision.
Jonathan’s journey from employee to business owner highlights the power of self-belief and strategic thinking. His story serves as a testament to the value of intellectual property in shaping a resilient career and showcases the potential success that can arise from betting on oneself, even in the face of uncertainty.
Addressing Misunderstood Intellectual Property Issues
Misunderstanding copyright rules, especially regarding online content, is widespread and can lead to significant legal complications. One common misconception is the belief that anything available on the internet is free to use. This is particularly dangerous for images, videos, and audio clips.
The Risks of Using Internet-Sourced Images
Many users assume that if an image is accessible online, it's fair game. This mistake can lead to receiving settlement demands from companies or individuals who monitor the unauthorized use of licensed content. Stock photo companies and other rights holders have departments dedicated to finding copyright infringements and pursuing enforcement actions.
Free Stock Photo Solutions
To avoid potential legal issues, it's crucial to use properly licensed content. Websites like Pixabay offer legally free-to-use images, ensuring that you don't unknowingly infringe on someone's copyright.
- Pixabay: Offers a large collection of photos, videos, and music released under the Pixabay License.
- Unsplash: Known for high-quality photos published by photographers globally under a non-restrictive license.
- Pexels: Provides a variety of free photos and videos with clear licensing terms.
Using these resources mitigates the risk of receiving settlement demands, especially if you handle attributions correctly.
Accidental Copyright Infringements
Even with good intentions, accidental copyright infringements can occur. For instance, using a WordPress plugin that automates attribution can backfire if the attribution is accidentally deleted. This can lead to aggressive enforcement actions, as in your case.
Insurance and Legal Support
Business liability insurance can offer some protection, covering legal costs or settlements stemming from inadvertent copyright infringements. However, this should not be relied upon as a primary defense strategy. Ensuring correct attribution and understanding the terms of licenses for Creative Commons (CC) images is key to avoiding such situations.
Navigating the DMCA for Content Protection
The Digital Millennium Copyright Act (DMCA) is a vital tool for content creators experiencing copyright infringement. The DMCA allows you to request the removal of infringing content through the host of the offending website.
Steps to File a DMCA Takedown Notice
- Identify the Host: Use tools like “Who Is Hosting This” to find out the hosting provider of the infringing site.
- Locate the DMCA Agent: Check the host's website for DMCA contact information.
- Fill Out a DMCA Template: Templates are available online, including on the U.S. Copyright Office website and Jonathan Bailey's Plagiarism Today.
Submit the DMCA notice to the host, who is more likely to act to avoid liabilities. In cases where the host is unresponsive or based in a less cooperative country, escalating to search engines like Google to de-list the content can reduce its visibility significantly.
Common Mistakes and Learning Opportunities
Educational gaps around copyright laws lead to frequent mistakes. Here are several pitfalls and how to address them:
- Assuming Public Availability Equals Free Use: Legal recourse often targets those using online content without permission. Always verify your rights before using any content.
- Mismanagement of Attributions: Ensure all necessary attributions are maintained, especially when editing content. Even minor oversights can lead to costly demands.
- Neglecting to Use DMCA Protections: Many site owners fail to leverage the DMCA, either unaware of its application beyond large platforms like YouTube or unsure how to initiate the process.
Growing familiarity with these laws and resources can significantly enhance your ability to protect your work and use others' legally. It also exemplifies the importance of ongoing education in digital literacy, underscoring lessons learned by pioneers like Jonathan Bailey in the realm of copyright and plagiarism.
By understanding these nuances and actively incorporating them into your content practices, you can safeguard your blog from legal troubles and maintain higher ethical standards in online publishing. Remember, informed use of resources and tools at your disposal can make a substantial difference in navigating the complex landscape of intellectual property online.
Understanding the Intricacies of Content Licensing and Attribution
One often overlooked repository for Creative Commons images is Wikimedia Commons, where many of Wikipedia’s images are stored. This platform generally provides HTML code for attributions, simplifying the process. It's crucial to review the licenses and ensure compliance. Using tools that automate attribution can help you navigate this landscape effectively, minimizing the chance of receiving those dreaded “nasty grams.”
Differentiating Free and Royalty-Free Music for Podcasts
With the rise of podcasting, the use of background music and sound effects has become a common query. Free music can be downloaded without payment but might come with restrictive usage rights. On the other hand, royalty-free music requires an upfront fee but then allows perpetual use without recurring royalties. The key here is careful examination of the specific license terms to ensure your use case is covered.
Copyright Compliance in Non-Profit Events
Even non-profit events, like haunted houses, need to tread carefully with intellectual property. Incorporating popular characters like Freddy or Jason can invite legal scrutiny, particularly if these characters are used in promotional materials. Creating original stories or deriving inspiration from local legends not only avoids copyright issues but can also be more engaging and authentic for the audience.
Ethical Use of Content on Social Media Platforms
Issues surrounding the ethical use of content on platforms like LinkedIn and Facebook highlight the grey areas in digital content sharing. These platforms often reward native content over external links, inadvertently promoting copyright violations such as video or article “jacking.”
Practical Tips for Protecting and Respecting Content on Social Media:
- Share, Don’t Upload: Use platform-specific sharing functionalities like LinkedIn’s repost, Facebook’s share, or Twitter’s retweet to distribute content without infringing rights.
- Cite Sources Correctly: While citation prevents plagiarism, it does not defend against copyright infringement. Always link back to the original source rather than copying content.
- Understand Platform Algorithms: Recognize that platforms like LinkedIn might deprioritize external links but respect content ownership by not uploading others' work directly.
Implementing Technology for Infringement Detection
Platforms like YouTube employ robust infringement detection to manage their vast content libraries. These technologies could be adapted for LinkedIn and other social networks, aligning with broader industry trends in AI and machine learning for content verification. However, currently, there might be a lack of motivation for such implementation due to cost and resource allocation issues.
By adhering to these best practices, content creators can effectively navigate the complex landscape of intellectual property. Remember, respecting and protecting content goes beyond legality—it builds trust and credibility in your digital interactions.
Navigating Content Repurposing on Social Platforms
In the rapidly evolving landscape of social media, new platforms like Threads are emerging, providing fresh opportunities and challenges for content creators. As discussed in the previous sections, adhering to ethical guidelines is imperative, but understanding how to effectively repurpose content without crossing ethical lines is equally essential.
One common misuse involves copying and pasting content without proper attribution. While this might seem convenient, it often leads to duplication and reduces the uniqueness of the platform. A more ethical and effective approach involves transforming the original content into a new format or adding unique insights before sharing.
Strategies for Ethical Content Repurposing:
- Transform the Content: Instead of sharing the exact content, consider summarizing the key points in your own words.
- Add Value: Include your personal insights or additional information that complements the original content.
- Visual Enhancement: Convert text-based content into visual form, such as infographics or short videos, which can often boost engagement.
Leveraging Templates for Responding to Plagiarism
Plagiarism remains a significant issue, particularly on platforms that favor rapid content sharing. Platforms like PlagiarismToday offer numerous resources for those affected by plagiarism, including templates for responding to infringement. These templates can save time and provide a structured way to address violations.
Key Templates to Consider:
- Cease and Desist Letter: A formal request to stop the infringing activity.
- Takedown Request: Direct communication with the hosting platform to remove infringing content.
- License Negotiation: Proposals for legal use of the content under agreed terms.
Reflecting on the Evolution of WordPress Community Events
Reflecting on past experiences, such as attending WordPress conferences, provides valuable insights into the evolution of the blogging and content management landscape. These events were instrumental in setting the stage for current practices and technologies.
- Networking: These conferences provided a platform for bloggers and developers to connect, share knowledge, and foster relationships that contributed to the growth of the WordPress ecosystem.
- Education: Attendees gained hands-on experience with new features, plugins, and themes, which they could then implement on their blogs.
- Community Building: Such events emphasized the importance of collective growth, highlighting open-source contributions and community support.
Final Tip: Keeping Up with Platform-Specific Guidelines
As new social media platforms like Threads continue to develop, it’s crucial for content creators to stay updated with platform-specific guidelines and best practices. While older platforms have more established rules and community norms, newer platforms often undergo rapid changes and updates.
Practical Steps:
- Regular Platform Audits: Periodically review the terms of service and community guidelines of each platform you use.
- Engage with Platform Representative: Follow official channels and representatives to stay informed about updates and best practices.
- Participate in User Communities: Join groups and forums where users discuss platform-specific tips, changes, and challenges.
By embracing these strategies and staying informed about the evolving social media landscape, content creators can maintain ethical standards, protect their work, and continue to engage audiences effectively.