Why not one more. No link, but you can all find it on the Web, but this is in response to this fiasco:
Some of the writers (even I am guilty of this) have appropriated content from other places without permission and publishing it on this site, something they did not for malicious reasons but simply because they didn’t understand the way the law works. It’s a problem that we will try to fix going forward by educating the writers on the basics of copyright law and by streamlining the “takedown” process for those whose content has appeared on the site without their permission.
now compare this with these quotes here:
What else is there to say? We used the photo under Fair Use provisions. We do so with thousands of pictures per year. If you’re the snapper, be advised: if it’s on the net it’s fair game. (Note: I didn’t make the rules. )…Mr. McNally came at us all guns blazing, accusing the site of intellectual thievery. I’m sorry he’s offended by this internet standard practice. Really, I am. But I will not apologize for doing my job in full accordance with the law.
both quotes are by Robert Farago of The Truth About Guns. The big part that I feel obliged to point out is the “…something they did not for malicious reasons but simply because they didn’t understand the way the law works.” The above response to a polite request to take down property they feel is being used in an unflattering way, or improperly is practically universal. He certainly gave the same response to me, and about a dozen other people who requested he take images he didn’t generate down.
This response shows FULL contempt, not a mistake or an oversight. It wasn’t like people on a twitter feed or a blog thread he didn’t read were bitching about it. He came, he saw, and he told them to pound sand.
Remember this next time he tells you he isn’t in TTAG for money, or that TTAG is a Pro-2nd Amendment Website. In the words of President William Jefferson Clinton:
“But I want to say one thing to the American people. I want you to listen to me. I’m going to say this again. I did not have sexual relations with that woman, Miss Lewinsky. I never told anybody to lie, not a single time; never. These allegations are false.”
Very good point… Farago initially went into the game “with guns blazing” proclaiming to the world that, yes, they took that image, and yes, they were going to stand by that action.
And then got his ass summarily handed to him, and was suddenly all apologetic and contrite and promising to do better.
Yeah, if this were not the fifth or sixth time his site has been guilty of intellectual property theft, I might give a damn about his “apology”.
Fifth or Sixth? I’m betting the counts is in the DOZENS. I think Mike over at Every Day No Days Off has had at LEAST five or Six counts of direct theft of images and content.
And Guess what Robert said to him when HE cried foul?
“Fair Use?” He’s clearly never looked at U.S. Copyright Law.
Fair Use is actually pretty narrowly defined: “…for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research….” [U.S. Code Title 17, Chapter 1, Section 107 (pdf file)]. I don’t think his ripping off of other bloggers’ posts counts as any of those. And Section 106A (same link) says an author has the right to claim authorship of copied works, which means he either needs to give attribution (like I did right there – not that hard, man!), or it’s an infringement.
And just because it’s on the “net” doesn’t make it fair game. Authors (and artists, photographers, etc.) still have rights. Mike Vanderboegh over at Sipsey Street Irregulars posts all the chapters of his entire novel Absolved on his blog, but he is still the author and retains his rights.
I’m no lawyer, but I had to cover all this in a class recently. An education is a dangerous and powerful thing. 😉
As was pointed out elsewhere, by his logic, all TTAG material is free game.