By Jonathan Weber, 8-17-07
Last week Gil Brady of NewWest.Net wrote a story about a protest outside the Jackson, Wyoming home of Vice President Dick Cheney, and took a nice picture too. It soon came to our attention that the piece was being featured on the website of lefty filmmaker and agitator Michael Moore. But to our chagrin - and amazement - the site simply took the entire story and the photo and republished it, rather than following the proper protocol of running a snippit and linking back to the full story at NewWest.Net.Am I missing something? I clicked on your e-newsletter link, it went to Michael Moore's website, I clicked on the "Jackson" image and it led me to a story on his site that was clearly attributed to NewWest (and linked back to the original article at NewWest.net).
Seems like you got what you want, a far larger readership than you could have gotten without "Mike", without doing anything. If what you wanted was for him to only link to your site without mashing up your article, then sue him. But don't expect to get to far, or to get other far more trafficed sites to mashup your content. Your efforts would be counter productive in the long run.
Such is life in the internet age with content producers. Information wants to be free. But you already know that. It can't be the first time that this has happened to you.
Marshall
There is a very clear protocol for these kinds of things: you post a snippet (a graph or two) and link to the rest. You don't post the entire story. Posting the full text and the photo is not a "mashup". Information may want to be free, but publishers and journalists want to be paid. You think we could just sit here and copy stories from the New York Times or wherever and post them on our site? No. We pay people to write stories and take photos, and we depend on people respecting copyright law to make a living from that.
You are correct, this is not the first time this has happened. Annoyingly, and ironically, it has happened most often with "non-profit" sites (which I don't think Michael Moore is). And the reason I wrote this post is to call attention to this problem, which is especially significant for small publishers. Just because you think you're providing a public service doesn't mean you have the right to steal from others.
Jonathan,
If it's not the first time it's happened, or the last, then I would expect you to give the same kind of public attention to each and every instance where your copyright material is abused. Otherwise, you're just picking on Michael Moore. And you won't win in court unless you are consistently consistent. Again, I think you know that.
BTW, I used to work on your block (1 Jackson Square) when you were at the Industry Standard. I was sorry to see the neighborhood change (for the worse) when the Industry Standard closed.
Marshall
Marshall, our standard procedure in this kind of situation is to send a polite email asking that they remove the full text and just use a few graphs and a link. in every other case this has yielded a fairly prompt response and removal of the content in question. In this case, multiple emails have yielded silence, which is just obnoxious among other things, and that led to the post. Lawsuits, as I'm sure you know, are not really much of an option for small companies.
So you still in Jackson Square? I guess things are getting busy again!
Cheers,
- Jonathan
As long as your are consistently consistent in your online publication policy, in regards to these issues -- which I agree are serious for a business such as yours -- that's all I ask.
I moved to Montana (I'm in Helena) long before you did (I think). I've been here since 1976, but had a job as CEO of a national nonprofit technology assistance provider during the boom years, and opened a SF office at Jackson Square several years ago which required me to be there (tough duty!). I miss Johnny at the Ship, across the street from your old office, and his mid-day liberal pour.
Marshall
Hummm..new words bring new lights to the soul..sometimes things just aint all dat it seems...chisme is shared in many places...:)
Comment By Kai Eiselein, 8-17-07Jonathon is correct. There is a protocol for using items for publication.
From personal experience, New West has followed the protocol to a "T" when using my photographs and/or articles. It's only right that others do the same.
I often have non-profits ask for photos that I've taken, I always comply, with the caveat that the photos be used "inhouse' only for their own publications and that I be credited.
Too often, people and or entities just "take" what they want, without asking. It is the proverbial slap in the face to the author.
Few people would think of coming into my house and just taking a print off the wall. Taking it from an online source without permission, is exactly the same: theft.
New West has every right to demand the article be pulled from Moore's website.
Mail Moore's company a note -- "Thank you for purchasing one-time reproduction rights to our content" -- along with an invoice. $1,500 sounds about right.
Comment By Hagen, 8-18-07Poor babies. Poor, poor babies.
Comment By Jonathan Weber, 8-18-07Thanks much Kai. And David, very good idea, maybe we'll do that!
Hagen, I can only assume you have never written or taken photos for a living!
Had a similar experience with a local TV station:
http://www.knoxviews.com/node/1230
Here's how it got resolved:
http://www.knoxviews.com/node/1281
so whats the big deal? There is no difference in Bush or Moore.
Moore lives in a huge house, has servants, sends his kids to private schools, and owns Halliburton stock. You rubes (and you are rubes) need to get real and see the world the way it is.
Moore is rich, white, and he pretends to care about the little guy. There is too much evidence to the contrary and you rookies whining about this just shows what a bunch of freshman you are. Remember, we are laughing AT you...not WITH you.
Long live little college punks that never grew up. Welcome to the real world kiddies, bendover and touch your toes, you've just been screwed my Moore - your not even in the first 1,000. Ask anybody who ever worked for him. The bush's pay much better.
gene wiley
Get a Rope Lets Hog tie dis sicko!!! *swinging rope*
Comment By Neil McKenty, 8-23-07On the contrary. Michael Moore (whatever he pays) is an excellent film-maker. His huge grosses are only one sign of that. In any event, the next Democratic president, Senator Hillary Clinton, will go a long way towards implementing Moore's vision of universal health where everyone is covered just like in Canada.
Comment By Daryl L. Hunter, 8-24-07Ethics and honesty are not to be expected out of Michael Moore or others of his ilk i.e. Hillary!
David gives good advise, as a pro photographer he knows the procedure.