Tagged: copyright

Photographers to lose copyright and right to photograph in public (cached)

The following post originally appeared on PhotoActive, but had to be taken down when the site host HostPapa complained about the traffic. I’ve offered to host it here.

With photographers about to lose copyright protection on their images, and the Government to curb their rights to take pictures in public, Philip Dunn looks more closely at these outrageous proposals and how they will affect you.

Photographers to lose copyright protection of their work

Photographers' Rights to be taken away

This startling and outrageous proposal will become UK law if The Digital Economy Bill currently being pushed through Parliament is passed. This Bill is sponsored by the unelected Government Minister, Lord Mandelson.

Let’s look at the way this law will affect your copyright:

The idea that the author of a photograph has total rights over his or her own work – as laid out in International Law and The Copyright Act of 1988 – will be utterly ignored. If future, if you wish to retain any control over your work, you will have to register that work (and each version of it) with a new agency yet to be set up.

Details about how this agency will be set up – and what fees will be charged for each registration – have been kept deliberated vague in Lord Mandelson’s Bill. If ever there was a licence to print money, this is it. You will pay.

If they are not registered with this quango agency, your images can be plundered and used anywhere, by anyone – on the understanding that the thief makes a very minimal effort to find you – the author of the image.

Currently, International Law, through the Berne Convention for the Protection of Literary and Artistic Works, recognises the ownership rights of the creator of the ‘property’. This enables image owners to control how their work is used, and whether it is used at all.

International Law will be ignored by the British Government and this new Act will overturn more than 150 years of UK copyright law.

If ever there was a massive step forward to a police state and suppression of information, this is it. Most of this thieves’ charter is not even going through Parliament as primary legislation. The Digital Economy bill Section 42 sections 16a, 16b, 16c enable ad hoc regulation by Mandelson’s office without further legislation. None of that will never be voted on.

Continue reading

How do I hate thee, Digital Economy Bill? Let me count the ways…

1. It’s the economy, stupid

Last week’s official advice (Word doc) on the bill ‘would effectively “outlaw open Wi-Fi for small businesses”‘ said Lilian Edwards, professor of internet law at Sheffield University.

“This is going to be a very unfortunate measure for small businesses, particularly in a recession, many of whom are using open free Wi-Fi very effectively as a way to get the punters in,” Edwards said.

It also makes it harder and more expensive for the sort of mobile young business people who frequent these shops. In Birmingham, for example, many entrepreneurs meet in places like Urban Coffee Company and Coffee Lounge to network, exchange ideas, and work (often at the same time). Take that away and you’re making it more expensive for those people to do business, it’s as simple as that.

In addition, the likes of Clause 17 (see below) make it difficult for any business to plan and innovate in an environment which can be changed on the whim of the Secretary of State.

2. Death to open access

Last week’s document would also “leave libraries and universities in an uncertain position,” adds Edwards. From ZDNet:

“Universities cannot be exempted, [Lord] Young said [in the document], because some universities already have stringent anti-file-sharing rules for their networks, and “it does not seem sensible to force those universities who already have a system providing very effective action against copyright infringement to abandon it and replace it with an alternative”.”

In fact, the government would do well to look more closely at just how ‘effective’ those university measures have been. I know of students who have had internet access cut off without notice for apparently completely legal activity. I guess you’d call that ‘collateral damage’, and it’s a sign of things to come if we extend the principle throughout the country.

There’s a principle of open access to knowledge here that lies at the heart of what libraries and universities do. Restricting their (already hamstrung) ability to offer that is of real concern.

3. Unchecked power

Clause 17. Backed by the NUJ. Are you insane?

Clause 11. From SamKnows:

“What’s rapidly becoming the textbook example of this is the way that legislation designed to freeze terrorist funds was used against one of Iceland’s banks, Landisbanki, during the country’s recent financial crisis.

“[Francis Davey, a practising barrister and legal advisor, says] “Clause 11 could easily be used to force the blocking of specific sites or group of sites, such as those that have been identified as having unlawful content by an organisation like the Internet Watch Foundation; or the choking of specific forms of P2P protocol,” he told Samknows. “There is not even a requirement that the subscribers to ISP’s are made aware of technical measures which could be imposed by stealth. The fact that there is no need to publish or consult on the use of the power means that there is minimal external quality control, or publicity which might serve in lieu of parliamentary scrutiny.””

4. The logic behind it is flawed, the data is skewed, and most people don’t want it

There’s a great piece by Rory Cellan-Jones that identifies some of the data that is lacking surrounding the bill. Meanwhile, hello everyone from Mark Thomas and Google, Facebook, Yahoo and eBay, to MI5, Talk Talk and, yes, Stephen Fry, the Serious and Organised Crime Agency, Metropolitan Police, Consumer Focus, er, the public according to polls.

What can you do?

You don’t even have to take to the streets…

You can also receive email and RSS updates for the Bill via the Parliament website

Fair use and copyright in the UK – how different is it? (comment call)

There’s a fabulous post over at the Center for Social Media on when using copyrighted material in video comes under fair use. If the work is ‘transformative’ then there’s a strong case for fair use. Examples include:

  1. Adding satirical subtitles, fan tributes, parody, critique
  2. Using copyright material for illustration of example (e.g. stages in a star’s career)
  3. Accidental capture – e.g. music playing in the background while someone dances (if unstaged)
  4. Documenting an event or experience, e.g. presence at a concert
  5. Mashups, remixes or collages that create new meaning from old material

But of course this is all under American law. My question is: how far do these same examples go under UK law? I’d love to know your experiences and interpretations.

Another newspaper that ignores copyright law – and ethics

http://podcasting.ie/docs/mos.pdf

The Irish Mail on Sunday has finally responded to complaints about a story it published this week based on the words of a blogging female air traffic controller: “The male chauvinist pigs of air traffic control” (PDF)

“Melanie Schregardus,” the article says, “claims she was forced to endure a torrent of sexist abuse when she and a handful of colleagues first broke into [the] profession”, and the rest of the article continues in the same vein.

The publication of the article understandably caused Melanie some distress. She wrote:

“In the middle of an incredibly trying time for my colleagues, an article has appeared in a Sunday Newspaper that says I feel abused by the people I work with. It gives me opinions that I do not have, and uses words I have never said. It does so to attack my profession, impugn my employers, and portray me as a victim of my friends.

“I feel sick. Any future employer could fairly read what Luke Byrne has written about me and conclude that I am a disloyal, untrustworthy person. The people I work with today could, and probably have, read it and decided that I am not on their side, and that I think that they are sexist, nasty, bullies. None of this is true.

In fact, she deleted her blog, before realising that, without it, there would be no record of her actual words. So she then started a new blog, with the post quoted above. Apart from her complaints about misrepresentation, and that she was never contacted about the story, she also wonders how the newspaper was able to publish a photograph of her without permission (see comments for more on this aspect). And she has complained to the ombudsman. This is where the Irish Mail’s response comes in.

The Irish Mail responds: ‘She was asking for it, mate’

Now at this point The Irish Mail could have protected its brand and claimed this was just one rogue journalist without a sub editor to keep them in check.

Instead, they have decided to dig themselves in deeper, saying:

“The photograph of Mrs Schregardus which we published to accompany this article came from Page 36 of this online magazine http://issuu.com/connors-bevalot/docs/publication1_-destress

“Like Mrs Schregardus’s blog, it had been put into the public domain by Mrs Schregardus herself.”

Of course, being in the public domain has no relevance to copyright. A published newspaper is ‘in the public domain’, but that doesn’t mean anyone is free to copy images from it without paying or crediting the copyright holder. You’d think newspapers would know this.

As for not contacting Mrs Schregardus, they provide an insight into the rigorous journalism practised in their newsroom:

“On Thursday, January 21, Luke Byrne [the reporter] attempted to contact Mrs Schregardus by Twitter (the only contact details he had) and asked her for an interview. On Friday, January 22, Mrs Schregardus replied. She informed Mr Byrne that she had sought permission from her trade union to speak to us. He awaited further contact from her, but he did not hear from Mrs Schregardus again. Either she chose not to speak to him or her union refused her permission to do so.”

So here we have the relentless reporter who will leave no stone unturned in his search for… hold on. “Oh, she didn’t tweet back. Well, I guess I’ve done all I could then.”

Luke Byrne's tweets to Melanie Schregardus

And finally, the misrepresentation. Incredibly, the newspaper claims

“The Irish Mail on Sunday did not attribute to Mrs Schregardus the view that her colleagues were sexist”

So that line saying that she “claims she was forced to endure a torrent of sexist abuse”?

Or the one that reveals “She went on to say that the representation of women didn’t seem to have changed much”?

Or that “She revealed that she endured one of the most pervasive forms of workplace sexism”.

Silly words. They do have an awful habit of arranging themselves in the most unusual sentences.

Same old story, different context

Of course it’s nothing new for a Sunday newspaper to take quotes out of context. Normally that someone is a public figure, and the journalist can argue that it comes with the territory. In The Irish Mail on Sunday’s response you can detect the same theme: she “published on an internet blog that was open to millions of people around the world to read,” they say.

That’s true, and some will say Mrs Schregardus should have been more cautious. I think that’s expecting a level of cynicism that we wouldn’t like to see in the average air traffic controller, but that’s a conversation for another blog post. In the meantime, it’s worth pointing out (aside from the, you know, ruining-a-person’s-life-for-a-story aspect) the long-term effects of an event like this.

Firstly, there’s the effect on the newspaper brand and journalism as a whole. Schregardus outlines how her own opinion (and now, you would expect, those of her readers) has changed as a result:

“I’m sure this happens to other people all the time. Probably people who are far more famous than me. I’ve probably read and formed opinions of other people based on things that are just not true. I’ve probably talked about other people’s lives based on things I’ve read that were hurtful to them.”

Secondly, there’s the effect on workblogging more broadly. We’ve already seen the prize-winning writings of police blogger Nightjack deleted after he was unmasked by The Times, and it’s fair to say that it’s going to be more helpful to journalists to encourage workblogging than to shop their authors – or misrepresent them – to their employers.

Because when the workblogs have gone what will you do? Pick up the phone? Luke Byrne may struggle with that.

Presentation: Law for bloggers and journalists (UK)

Yesterday I hosted a session on law for my MA Online Journalism students, which I thought I would embed below.

Some background: I teach all my sessions in a coffee shop in central Birmingham – anyone can drop in. This week I specifically invited local bloggers, and so the shape of the presentation was very much flavoured by contributions from The Lichfield Blog‘s Philip John; Nick Booth from Podnosh and BeVocal; Talk About Local‘s Nicky Getgood; Hannah Waldram of the Bournville Village BlogGavin Wray, Matthew Mark, and Mike Rawlins of Stoke’s Pits N Pots. The editor of the Birmingham Post Marc Reeves also came for an hour to share his own experiences in the regional press.

Two things occurred to me during the process of preparation and delivery of the session. The first is that law in this context is much broader: as well as the classic areas for journalists such as defamation, you have to take into account online publishing issues such as terms and conditions, data protection and user generated content.

Secondly, I’ve long been an advocate of conversational teaching styles (one of the reasons I teach in a coffee lounge) and this was a great example of that in practice. The presentation below is just a series of signposts – the actual session lasted 4 hours and included various tangents (some of which I’ve incorporated into this published version). Experiences in the group of students and guests ranged across broadcasting, print, photography, online publishing, academic study, and international law, and I came out of the session having learned a lot too.

I hope you can add some more points, examples, or anything I’ve missed. Here it is:

What happened when Sky News took images from Twitter

Holy crap police man shot at Southwark tube station! on Twitpic

When Sky News needed a picture to illustrate a shooting at Waterloo Station, they found what they needed on Twitter: a photo of the crime scene taken by Joe Neale and posted to Twitter using Twitpic (used above, with permission).

Just one problem: they didn’t bother to tell Joe. Continue reading

The biggest deal for online video this year

Anyone interested in video on the web – and particularly making money from video on the web – should pay close attention to the partnership between MTV and MySpace, which uses fingerprinting technology to allow the broadcaster to identify video being ‘pirated’ and shared on the web.

So far, so old news. The significance is this: the technology is being discussed not as a way to stop people ‘ripping’ and embedding video material, but to actually encourage them. Why? 

The money. Continue reading

Review: Online Journalism Ethics (Friend & Singer)

Book coverOnline Journalism Ethics: Traditions and Transitions
Cecilia Friend and Jane B. Singer
ME Sharpe, 2007, 245 pp., ISBN 0765615738

On April 16, 2007, a 23-year-old man shot and killed 32 people at the Virginia Polytechnic Institute and State University. As the shootings were taking place students reported what was taking place on blogs, mobile phones, instant messaging, Flickr, Wikipedia, and social networks.

As they did so, journalists started arriving in search of information and reaction. Some “lurked”, taking what they found and publishing it elsewhere; others engaged in “digital doorstepping” – asking students for their experiences and feelings, or if they’d be willing to be interviewed on camera.

While traditional journalists saw the material as being ‘in the public domain’, many students reacted angrily to the invasion of what they saw as ‘their’ space. It was an example of worlds colliding, highlighting the new ethical challenges facing journalists as new media technologies enabled the distinction between public and private, and between publisher and audience, to collapse.

In this context, Friend and Singer’s book on the ethics of online journalism is hugely welcome. Continue reading